Santander UK Plc v Valverde (Practice and Procedure : Preliminary issues) [2015] UKEAT 0181_15_3107 (31 July 2015)
The Employment Judge did not err in law or improperly restrict later arguments by refusing a Preliminary Hearing; her decision was a proper exercise of case management discretion, consistent with established legal principles and authorities.
- Citation
- [2015] UKEAT 0181_15_3107
- Parties
- Appellant's Counsel: Paul Nicholls QC; Respondent's Counsel: Craig Rajgopaul
- Jurisdiction
- United Kingdom
- Judgment Date
- 31 July 2015
- Procedural Posture
- Employment Appeal / Appeal Against Case Management Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Sex Discrimination, Jurisdiction, Time Limits, Preliminary Hearings, Equal Pay
Case Brief
Summary, issues, holding and outcome
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Parties
Paul Nicholls QC
Appellant's Counsel
Craig Rajgopaul
Respondent's Counsel
Procedural Posture
Employment Appeal / Appeal Against Case Management Decision
Legal Issues
- 1 Whether the Employment Judge erred in refusing a Preliminary Hearing to determine jurisdiction on time limits
- 2 Whether the Judge pre-empted substantive findings by interpreting the pleadings
- 3 Whether the Judge's decision improperly restricted later arguments on time limits
Ratio Decidendi
The Employment Judge did not err in law or improperly restrict later arguments by refusing a Preliminary Hearing; her decision was a proper exercise of case management discretion, consistent with established legal principles and authorities.
Court Disposition
Appeal dismissed
Orders
- Respondent to pay £6,000 costs to Claimant
Full Case Text
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