Barracks v Chief Superintendent Coles & Ors [2006] EWCA Civ 1155 (21 July 2006)

Barracks v Chief Superintendent Coles & Ors [2006] EWCA Civ 1155 (21 July 2006)

No order as to costs due to extraordinary circumstances and respondent's pursuit of a hopeless abuse of process argument; legal questions on race discrimination and fair trial to be determined by Employment Tribunal after hearing evidence.

Citation
[2006] EWCA Civ 1155
Parties
Claimant/appellant: Janet Barracks; Defendant/respondent: Chief Superintendent John Coles; Defendant/respondent: The Commissioner of Police of the Metropolis; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Race Discrimination, Costs, Abuse of Process, European Community Law, Convention Rights Law
Employment Law Civil Procedure Race Discrimination Costs Abuse of Process European Community Law Convention Rights Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Janet Barracks

Claimant/appellant

Chief Superintendent John Coles

Defendant/respondent

The Commissioner of Police of the Metropolis

Defendant/respondent

Secretary of State for the Home Department

Intervenor

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 whether the proceedings were an abuse of process
  2. 2 application of European Community and Convention Rights law
  3. 3 appropriateness of 'unless orders'

Ratio Decidendi

No order as to costs due to extraordinary circumstances and respondent's pursuit of a hopeless abuse of process argument; legal questions on race discrimination and fair trial to be determined by Employment Tribunal after hearing evidence.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • case remitted to Employment Tribunal