Nkechi Leeks v Royal Wolverhampton NHS Trust

Nkechi Leeks v Royal Wolverhampton NHS Trust

There was no compliance, partial or otherwise, with the unless order; the failure was deliberate, serious, and prejudicial to the respondent. The reconsideration application did not provide new information or grounds. The Tribunal correctly refused relief from sanctions and reconsideration of the costs order. The appeal was, in substance, an attempt to challenge the original judgment, not the reconsideration decision.

Parties
Appellant: Ms Nkechi Leeks; Respondent: Royal Wolverhampton NHS Trust
Jurisdiction
England and Wales
Judgment Date
12 February 2024
Procedural Posture
Employment Appeal / Judgment on Appeal Against Reconsideration Decision
Outcome
appeal dismissed
Legal Topics
Strike Out, Unless Order, Reconsideration, Costs Order, Whistleblowing, Litigant in Person
Employment Law Civil Procedure Strike Out Unless Order Reconsideration Costs Order Whistleblowing Litigant in Person

Case Brief

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Parties

Ms Nkechi Leeks

Appellant

Royal Wolverhampton NHS Trust

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Reconsideration Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing relief from sanctions following a strike-out for non-compliance with an unless order
  2. 2 Whether the Tribunal erred in refusing to reconsider the costs order in light of alleged partial compliance
  3. 3 Whether the Tribunal failed to consider the overlap between the sanction of costs and the sanction of strike-out

Ratio Decidendi

There was no compliance, partial or otherwise, with the unless order; the failure was deliberate, serious, and prejudicial to the respondent. The reconsideration application did not provide new information or grounds. The Tribunal correctly refused relief from sanctions and reconsideration of the costs order. The appeal was, in substance, an attempt to challenge the original judgment, not the reconsideration decision.

Court Disposition

appeal dismissed