Bertolin v Thornbury Estates Ltd

Bertolin v Thornbury Estates Ltd

The EAT was entitled to strike out the appeal for non-compliance with its order regarding medical evidence, and there was no error of law in its approach. The appellant failed to provide adequate evidence justifying further postponement, and the EAT was not required to consider the merits of the appeal in the absence of compliance.

Parties
Claimant/applicant: Bertolin; Defendant/respondent: Thornbury Estates Ltd
Jurisdiction
England and Wales
Judgment Date
12 January 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal
Outcome
application for permission to appeal refused
Legal Topics
Strike Out for Non Compliance, Postponement of Hearings, Costs Orders, Allegations of Bias, Appeal Procedure
Employment Law Civil Procedure Strike Out for Non Compliance Postponement of Hearings Costs Orders Allegations of Bias Appeal Procedure

Case Brief

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Parties

Bertolin

Claimant/applicant

Thornbury Estates Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in dismissing the appeal for non-compliance with its order regarding medical evidence
  2. 2 Whether the EAT should have considered the merits of the appeal rather than striking it out
  3. 3 Whether the appellant's illness justified further postponement

Ratio Decidendi

The EAT was entitled to strike out the appeal for non-compliance with its order regarding medical evidence, and there was no error of law in its approach. The appellant failed to provide adequate evidence justifying further postponement, and the EAT was not required to consider the merits of the appeal in the absence of compliance.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application for Civil Proceedings Order against Miss Bertolin refused