Hamdoun v London General Transport Services Ltd & Anor (Practice and Procedure: Striking-out/dismissal) [2015] UKEAT 0414_14_0605 (06 May 2015)

Hamdoun v London General Transport Services Ltd & Anor (Practice and Procedure: Striking-out/dismissal) [2015] UKEAT 0414_14_0605 (06 May 2015)

The unless order related only to disclosure (B2), which was complied with; the Judge erred in striking out the claim for failure to comply with inspection (B3), which was not covered by the unless order. Automatic strike-out cannot follow for non-compliance with the spirit or intention of an order, only its letter.

Source-derived case information.

Citation
[2015] UKEAT 0414_14_0605
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
06 May 2015
Procedural Posture
Employment Appeal / Appeal From Strike Out Order
Outcome
Appeal allowed; strike-out order set aside
Legal Topics
Strike Out Orders, Unless Orders, Disclosure and Inspection, Costs in Appeal
Employment Law Civil Procedure Strike Out Orders Unless Orders Disclosure and Inspection Costs in Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Strike Out Order

Legal Issues

  1. 1 Whether the Claimant complied with the unless order
  2. 2 Whether the automatic strike-out was valid
  3. 3 Whether costs should be awarded against the Claimant

Ratio Decidendi

The unless order related only to disclosure (B2), which was complied with; the Judge erred in striking out the claim for failure to comply with inspection (B3), which was not covered by the unless order. Automatic strike-out cannot follow for non-compliance with the spirit or intention of an order, only its letter.

Court Disposition

Appeal allowed; strike-out order set aside

Orders

  • The appeal is allowed.
  • The strike-out order is set aside.