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England and Wales decisions
Decisions matching the current search
The Court of Appeal held that the Administrative Court and Divisional Court lacked jurisdiction to entertain a Crown Court contempt reference without an Attorney General application.
The Employment Tribunal erred in striking out the claimant's claim without giving reasonable notice as required by Rule 37(2), particularly given the complexity of the case and the claimant's status as a litigant in person. The inclusion of the strike out application in the ET3 and discussion at the hearing did not amount to reasonable notice. The strike out decision is overturned and the matter is remitted to the Employment Tribunal for reconsideration.
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The appeals were struck out because the appellants failed to comply with tribunal directions, failed to cooperate, and there was no reasonable prospect of success in the appeals.
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The EAT allowed an appeal against refusal of anonymity, holding it was unfair to reject the application on the papers before giving time to obtain medical evidence.
The Employment Appeal Tribunal refused a non-party’s request for case documents, holding that open justice did not require disclosure on the facts.
The appellant’s delay in applying to opt out is serious and significant; reliance on an agent is not a good reason for failing to meet the deadline; the interests of justice, efficiency, and respect for statutory time limits require refusal of permission to opt out.
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HMRC's conduct during the period when the Tribunal had jurisdiction (14 March 2024 to 22 April 2024) was not unreasonable; delay in reviewing the case did not amount to unreasonable conduct, and costs cannot be awarded for conduct prior to Tribunal jurisdiction.
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The Privy Council upheld a stay of proceedings against Nawaz Ali, holding that extraordinary delay made a further retrial oppressive, while rejecting defects alleged in the indictment.
The EAT granted anonymity, stayed the appeal on anonymity in the tribunal, and allowed challenges to the time-limit ruling on disability claims and a factual error.
The EAT held that a disability discrimination claim form with no particulars could not sensibly be responded to and should have been referred under Rule 12.
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