KLT Construction Ltd v Swain [2010] UKEAT 0527_09_0807 (8 July 2010)

KLT Construction Ltd v Swain [2010] UKEAT 0527_09_0807 (8 July 2010)

The Employment Judge erred by failing to consider the merits of the response, which had reasonable prospects of success, as required by Rule 33. The review judgment and default judgment were set aside and the late response was accepted.

Citation
[2010] UKEAT 0527
Parties
Appellant's Counsel: Ms Christina Lyons; Respondent's Counsel: Mr Samson Spanier; Respondent's Operations Manager: Mr Mike Beagle
Jurisdiction
United Kingdom
Judgment Date
08 July 2010
Procedural Posture
Employment Tribunal Appeal / Appeal Against Review Judgment Refusing to Set Aside Default Judgment
Outcome
Appeal allowed; review judgment and default judgment set aside; late response accepted.
Legal Topics
Default Judgment, Late Response, Discretion to Set Aside Judgment, Unfair Dismissal, Wrongful Dismissal, Unlawful Deductions
Employment Law Civil Procedure Default Judgment Late Response Discretion to Set Aside Judgment Unfair Dismissal Wrongful Dismissal Unlawful Deductions

Case Brief

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Parties

Ms Christina Lyons

Appellant's Counsel

Mr Samson Spanier

Respondent's Counsel

Mr Mike Beagle

Respondent's Operations Manager

Procedural Posture

Employment Tribunal Appeal / Appeal Against Review Judgment Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to set aside a default judgment for late response
  2. 2 Whether the merits of the response were properly considered
  3. 3 Whether the explanation for delay was sufficient

Ratio Decidendi

The Employment Judge erred by failing to consider the merits of the response, which had reasonable prospects of success, as required by Rule 33. The review judgment and default judgment were set aside and the late response was accepted.

Court Disposition

Appeal allowed; review judgment and default judgment set aside; late response accepted.

Orders

  • Set aside review judgment
  • Set aside default judgment