Cearns & Brown Ltd v. Richardson [2001] UKEAT 1109_00_2601 (26 January 2001)

Cearns & Brown Ltd v. Richardson [2001] UKEAT 1109_00_2601 (26 January 2001)

The appeal is allowed to proceed on all grounds as there is an arguable case of legal error by the Tribunal in failing to consider specified factors.

Citation
[2001] UKEAT 1109_00_2601
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
26 January 2001
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed on all grounds; leave granted to add additional ground.
Legal Topics
Appeal Grounds, Tribunal Error, Procedural Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing

  1. 1 Whether the Tribunal erred in law by failing to consider specified factors under ground 1 of the Notice of Appeal
  2. 2 Whether additional grounds may be added to the appeal
  3. 3 Whether disputed points were raised at the original hearing

Ratio Decidendi

The appeal is allowed to proceed on all grounds as there is an arguable case of legal error by the Tribunal in failing to consider specified factors.

Court Disposition

Appeal allowed to proceed on all grounds; leave granted to add additional ground.

Orders

  • Appellant to lodge amended grounds of appeal within 14 days incorporating sixth ground.
  • Appellant to write to Respondent within 7 days regarding whether points were raised at original hearing.