Stott v Leadec Ltd (HUMAN RIGHTS : litigation capacity) [2020] UKEAT 0263_19_2002 (20 February 2020)

Stott v Leadec Ltd (HUMAN RIGHTS : litigation capacity) [2020] UKEAT 0263_19_2002 (20 February 2020)

The EAT has the power to regulate its own procedure, including appointing a litigation friend for a party lacking capacity, under section 30(3) of the Employment Tribunals Act 1996 and the 2018 Practice Direction. Where there is reason to suspect a party lacks litigation capacity, the EAT must adjourn and seek medical evidence before proceeding, to ensure fairness and access to justice.

Citation
[2020] UKEAT 0263_19_2002
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
20 February 2020
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Preliminary Hearing Adjournment
Outcome
Preliminary Hearing adjourned to investigate litigation capacity.
Legal Topics
Litigation Capacity, Appointment of Litigation Friend, Disability Discrimination, Case Management, Access to Justice
Employment Law Human Rights Civil Procedure Litigation Capacity Appointment of Litigation Friend Disability Discrimination Case Management Access to Justice

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Preliminary Hearing Adjournment

Legal Issues

  1. 1 Whether the EAT has power to appoint a litigation friend for a party lacking litigation capacity
  2. 2 Whether the Claimant lacks litigation capacity in these proceedings
  3. 3 Appropriate procedure when litigation capacity is in doubt

Ratio Decidendi

The EAT has the power to regulate its own procedure, including appointing a litigation friend for a party lacking capacity, under section 30(3) of the Employment Tribunals Act 1996 and the 2018 Practice Direction. Where there is reason to suspect a party lacks litigation capacity, the EAT must adjourn and seek medical evidence before proceeding, to ensure fairness and access to justice.

Court Disposition

Preliminary Hearing adjourned to investigate litigation capacity.

Orders

  • Preliminary Hearing adjourned generally.
  • By specified date, a medical report on the Appellant's litigation capacity to be provided to the EAT.