Chowles (t/a Granary Pine) v West [2009] UKEAT 0473_08_0801 (8 January 2009)

Chowles (t/a Granary Pine) v West [2009] UKEAT 0473_08_0801 (8 January 2009)

The claim was not validly served on the Respondent as it was sent to the wrong name and address; therefore, the default judgment and subsequent review judgment were procedurally irregular and must be set aside. Review of a default judgment must be conducted under Rule 33, not Rule 34, and must consider the merits of the response.

Citation
[2009] UKEAT 0473_08_0801
Parties
Appellant/respondent: Anthony Chowles (trading as Granary Pine); Respondent/claimant: Mr West
Jurisdiction
United Kingdom
Judgment Date
08 January 2009
Procedural Posture
Employment Tribunal Appeal / Appeal From Review of Default Judgment
Outcome
Default judgment, review judgment, and award set aside; response accepted; case remitted for full hearing.
Legal Topics
Default Judgment, Service of Process, Review of Judgments, Employment Tribunal Procedure
Employment Law Civil Procedure Default Judgment Service of Process Review of Judgments Employment Tribunal Procedure

Case Brief

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Parties

Anthony Chowles (trading as Granary Pine)

Appellant/respondent

Mr West

Respondent/claimant

Procedural Posture

Employment Tribunal Appeal / Appeal From Review of Default Judgment

Legal Issues

  1. 1 Whether a claim sent to an incorrect address constitutes valid service under Rule 2
  2. 2 Whether a telephone call from ACAS constitutes notice of proceedings
  3. 3 Whether a default judgment can be reviewed under Rule 34 or only under Rule 33

Ratio Decidendi

The claim was not validly served on the Respondent as it was sent to the wrong name and address; therefore, the default judgment and subsequent review judgment were procedurally irregular and must be set aside. Review of a default judgment must be conducted under Rule 33, not Rule 34, and must consider the merits of the response.

Court Disposition

Default judgment, review judgment, and award set aside; response accepted; case remitted for full hearing.

Orders

  • Default judgment set aside
  • Review judgment set aside