Yell Ltd v Garton

There is a professional obligation on legal advisers to notify the court promptly if a listed hearing will not proceed due to settlement or ongoing negotiations, to avoid wasting judicial resources.

Parties: Appellant: Yell Limited; Respondent: David Garton
Jurisdiction: England and Wales
Judgment Date: 02 February 2004
Procedural Posture: Civil Appeal / Appeal Withdrawn by Consent Before Hearing
Outcome: appeal withdrawn by consent
Legal Topics: Notification of Settlement, Professional Obligations of Advocates, Wasted Judicial Time, Costs Assessment

Civil Procedure Employment Law Disability Law Notification of Settlement Professional Obligations of Advocates Wasted Judicial Time Costs Assessment

Case Brief

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Parties

Yell Limited

Appellant

David Garton

Respondent

Procedural Posture

Civil Appeal / Appeal Withdrawn by Consent Before Hearing

Legal Issues

1 Whether parties have a professional obligation to notify the court promptly of settlement or likely settlement to avoid wasting judicial time
2 Appropriate procedure for withdrawal of appeal by consent after settlement in employment cases

Ratio Decidendi

There is a professional obligation on legal advisers to notify the court promptly if a listed hearing will not proceed due to settlement or ongoing negotiations, to avoid wasting judicial resources.

Court Disposition

appeal withdrawn by consent

Orders

Appeal withdrawn by consent, following the necessary procedure under the Employment Rights Act 1996 and the Disability Discrimination Act 1995.
No order for costs, other than assessment of the respondent's costs pursuant to the Community Legal Service (Costs) Regulations 2000.