Wynn & Anor v Ledwood Construction Ltd & Anor [1996] UKEAT 1109_94_2301 (23 January 1996)

Wynn & Anor v Ledwood Construction Ltd & Anor [1996] UKEAT 1109_94_2301 (23 January 1996)

Leave to withdraw the appeal is granted and the appeal is dismissed because there is no longer a live issue for determination; no order as to costs because the period taken to decide to withdraw was not unreasonable and there was no unreasonable conduct by either party.

Citation
[1996] UKEAT 1109_94_2301
Parties
Appellants: Messrs Wynn and Boyle; 1st Respondent: Ledwood Construction (Southern) Ltd; 2nd Respondent: CHB Fabrications Ltd
Jurisdiction
United Kingdom
Judgment Date
23 January 1996
Procedural Posture
Employment Appeal / Application for Leave to Withdraw Appeal and Applications for Costs
Outcome
Appeal dismissed by consent upon withdrawal; no order as to costs.
Legal Topics
Trade Union Membership, Withdrawal of Appeal, Costs in Employment Appeal Tribunal, Res Judicata
Employment Law Trade Union Membership Withdrawal of Appeal Costs in Employment Appeal Tribunal Res Judicata

Case Brief

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Parties

Messrs Wynn and Boyle

Appellants

Ledwood Construction (Southern) Ltd

1st Respondent

CHB Fabrications Ltd

2nd Respondent

Procedural Posture

Employment Appeal / Application for Leave to Withdraw Appeal and Applications for Costs

Legal Issues

  1. 1 Whether leave should be granted for the appeal to be withdrawn and the appeal dismissed
  2. 2 Whether an order for costs should be made against the Appellants
  3. 3 Whether an order for costs should be made against the Respondents

Ratio Decidendi

Leave to withdraw the appeal is granted and the appeal is dismissed because there is no longer a live issue for determination; no order as to costs because the period taken to decide to withdraw was not unreasonable and there was no unreasonable conduct by either party.

Court Disposition

Appeal dismissed by consent upon withdrawal; no order as to costs.

Orders

  • Leave to withdraw the appeal granted
  • Appeal dismissed