Personal Development Centres Ltd v Osatch & Anor [1998] UKEAT 1189_97_1703 (17 March 1998)

Personal Development Centres Ltd v Osatch & Anor [1998] UKEAT 1189_97_1703 (17 March 1998)

The late filing of the appellant's skeleton argument does not justify dismissal of the appeal as there is no significant prejudice to the respondent and the contents were not unexpected.

Citation
[1998] UKEAT 1189_97_1703
Parties
Appellant: Appellants; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
17 March 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Compliance With Directions
Outcome
Appeal not dismissed; further consideration to be given after short adjournment.
Legal Topics
Skeleton Arguments, Compliance With Tribunal Directions, Sanctions for Late Filing
Employment Law Procedural Law Skeleton Arguments Compliance With Tribunal Directions Sanctions for Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Compliance With Directions

Legal Issues

  1. 1 Whether late filing of the appellant's skeleton argument warrants dismissal of the appeal
  2. 2 Whether the respondent is prejudiced by the late skeleton argument

Ratio Decidendi

The late filing of the appellant's skeleton argument does not justify dismissal of the appeal as there is no significant prejudice to the respondent and the contents were not unexpected.

Court Disposition

Appeal not dismissed; further consideration to be given after short adjournment.

Orders

  • Mr Kelly to be given additional time to consider the skeleton argument and identify any points he cannot address.
  • Matter to be reconsidered in three-quarters of an hour.