Ladbrokes, Crabtree and Griffith v Lawrie 07-Aug-2019 [2019] JRC 154 (07 August 2019)

Ladbrokes, Crabtree and Griffith v Lawrie 07-Aug-2019 [2019] JRC 154 (07 August 2019)

The Tribunal has jurisdiction under Article 89(1) of the Employment (Jersey) Law 2003 to set aside a default judgment where service was defective or there are good equitable reasons, notwithstanding the absence of explicit provision in the Procedure Order. The Deputy Chairman's refusal to consider the application to set aside the default judgment was an error of law, and the matter must be remitted to the Tribunal for reconsideration.

Citation
[2019] JRC 154
Parties
Respondent: Fiona Lawrie; First Appellant: Ladbrokes Betting & Gaming Limited; Second Appellant: Second Appellant; Third Appellant: Third Appellant
Jurisdiction
Jersey
Judgment Date
07 August 2019
Procedural Posture
Appeal / Judgment on Appeal From Employment and Discrimination Tribunal
Outcome
appeal allowed in part
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Jurisdiction of Tribunal, Procedural Fairness
Employment Law Discrimination Law Civil Procedure Default Judgment Setting Aside Judgment Service of Process Jurisdiction of Tribunal Procedural Fairness

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 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Fiona Lawrie

Respondent

Ladbrokes Betting & Gaming Limited

First Appellant

Second Appellant

Second Appellant

Third Appellant

Third Appellant

Procedural Posture

Appeal / Judgment on Appeal From Employment and Discrimination Tribunal

Legal Issues

  1. 1 Whether the Employment and Discrimination Tribunal has the power to set aside a default judgment in the absence of explicit procedural provision.
  2. 2 Whether the Tribunal's refusal to set aside the default judgment was an error of law.
  3. 3 Whether the appellants were properly served with the claim form.

Ratio Decidendi

The Tribunal has jurisdiction under Article 89(1) of the Employment (Jersey) Law 2003 to set aside a default judgment where service was defective or there are good equitable reasons, notwithstanding the absence of explicit provision in the Procedure Order. The Deputy Chairman's refusal to consider the application to set aside the default judgment was an error of law, and the matter must be remitted to the Tribunal for reconsideration.

Court Disposition

appeal allowed in part

Orders

  • The decision of the Deputy Chairman dated 21st January 2019 is set aside.
  • The application to set aside the default judgment of 10th January 2019 is remitted to the Tribunal for reconsideration.