Pendragon Plc (t/a CD Bramall Bradford) v Gary Copus [2005] UKEAT 0317_05_1107 (11 July 2005)

Pendragon Plc (t/a CD Bramall Bradford) v Gary Copus [2005] UKEAT 0317_05_1107 (11 July 2005)

The Employment Tribunal Chairman erred in law by treating absence of good reason for delay as determinative; Rule 33 requires consideration of all relevant discretionary factors, including merits and prejudice, and the principles in Kwik Save remain applicable under the new Rules.

Citation
[2005] UKEAT 0317_05_1107
Parties
Appellant: CD Bramall Bradford (Pendragon plc); Respondent: Gary Copus
Jurisdiction
United Kingdom
Judgment Date
11 July 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Default Judgment, Extension of Time, Review of Tribunal Decisions
Employment Law Civil Procedure Default Judgment Extension of Time Review of Tribunal Decisions

Case Brief

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Parties

CD Bramall Bradford (Pendragon plc)

Appellant

Gary Copus

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Employment Tribunal Chairman had discretion to review and set aside default judgment when no good reason for delay was shown under Rule 33 of Employment Tribunal Rules 2004

Ratio Decidendi

The Employment Tribunal Chairman erred in law by treating absence of good reason for delay as determinative; Rule 33 requires consideration of all relevant discretionary factors, including merits and prejudice, and the principles in Kwik Save remain applicable under the new Rules.

Court Disposition

Appeal allowed

Orders

  • Default judgment set aside
  • Extension of time for response granted