Bertolin v Thornbury Estates Ltd [2007] EWCA Civ 25 (12 January 2007)

Bertolin v Thornbury Estates Ltd [2007] EWCA Civ 25 (12 January 2007)

The EAT was entitled to strike out the appeal for non-compliance with its order regarding medical evidence, as the applicant failed to provide adequate evidence or explanation for non-compliance; there was no error of law in the EAT's approach.

Source-derived case information.

Citation
[2007] EWCA Civ 25
Parties
Claimant/applicant: Bertolin; Defendant/respondent: Thornbury Estates Ltd
Jurisdiction
England and Wales
Judgment Date
12 January 2007
Procedural Posture
Appeal From Employment Appeal Tribunal / Application for Permission to Appeal to Court of Appeal
Outcome
application for permission to appeal refused
Legal Topics
Strike Out of Claim, Non Compliance With Tribunal Directions, Postponement of Hearing, Costs Orders, Allegations of Bias, Permission to Appeal
Employment Law Civil Procedure Strike Out of Claim Non Compliance With Tribunal Directions Postponement of Hearing Costs Orders Allegations of Bias Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bertolin

Claimant/applicant

Thornbury Estates Ltd

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in striking out the appeal for non-compliance with its order regarding medical evidence
  2. 2 Whether the EAT should have considered the merits of the appeal notwithstanding non-compliance
  3. 3 Whether the refusal to postpone the hearing was justified

Ratio Decidendi

The EAT was entitled to strike out the appeal for non-compliance with its order regarding medical evidence, as the applicant failed to provide adequate evidence or explanation for non-compliance; there was no error of law in the EAT's approach.

Court Disposition

application for permission to appeal refused

Orders

  • application for permission to appeal refused
  • application for Civil Proceedings Order against applicant refused