Frederics v Kingston University [2009] UKEAT 0239_09_1509 (15 September 2009)

Frederics v Kingston University [2009] UKEAT 0239_09_1509 (15 September 2009)

Strike out following non-compliance with an unless order is automatic and not subject to discretion; case management powers permit questions to be put to expert witnesses to clarify evidence.

Citation
[2009] UKEAT 0239_09_1509
Parties
Appellant Representative: Mr Adrian Melia; Respondent Counsel: Ms E Smith; Respondent Instructing Solicitors: Mills & Reeve LLP Solicitors
Jurisdiction
United Kingdom
Judgment Date
15 September 2009
Procedural Posture
Employment Appeal / Appeal Hearing
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Case Management, Unless Orders, Expert Evidence
Employment Law Civil Procedure Disability Discrimination Case Management Unless Orders Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Adrian Melia

Appellant Representative

Ms E Smith

Respondent Counsel

Mills & Reeve LLP Solicitors

Respondent Instructing Solicitors

Procedural Posture

Employment Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the strike out following non-compliance with an unless order was correct
  2. 2 Whether the Tribunal had discretion to extend time or review the order
  3. 3 Whether it was permissible to allow questions to be put to an expert witness

Ratio Decidendi

Strike out following non-compliance with an unless order is automatic and not subject to discretion; case management powers permit questions to be put to expert witnesses to clarify evidence.

Court Disposition

Appeal dismissed

Orders

  • Strike out order upheld
  • Order permitting questions to expert upheld