Credit Suisse First Boston (Europe) Ltd & Ors v. Karam [2001] UKEAT 289_01_0604 (6 April 2001)

Credit Suisse First Boston (Europe) Ltd & Ors v. Karam [2001] UKEAT 289_01_0604 (6 April 2001)

The Tribunal did not err in law or act perversely in refusing to strike out Mr. Karam's Originating Application; the misconduct found, including lies and improper disclosures, was not of such significance as to jeopardize a fair trial or warrant the draconian sanction of striking out, and Mr. Karam was not responsible for his solicitor's unauthorized conduct at the without prejudice meeting.

Citation
[2001] UKEAT 289_01_0604
Parties
Appellant: CSFB and others; Respondent: Mr. Karam
Jurisdiction
United Kingdom
Judgment Date
06 April 2001
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Against Refusal to Strike Out Originating Application; Cross Appeal on Findings of Misconduct
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Strike Out Applications, Racial Discrimination, Misconduct in Litigation, Solicitor Client Responsibility, Disclosure to Media, Proportionality in Sanctions
Employment Law Discrimination Law Civil Procedure Strike Out Applications Racial Discrimination Misconduct in Litigation Solicitor Client Responsibility Disclosure to Media +1 more

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Parties

CSFB and others

Appellant

Mr. Karam

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Against Refusal to Strike Out Originating Application; Cross Appeal on Findings of Misconduct

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to strike out Mr. Karam's Originating Application for misconduct
  2. 2 Whether Mr. Karam should be held responsible for his solicitor's conduct at a without prejudice meeting
  3. 3 Whether Mr. Karam's lies to the Tribunal warranted striking out his claim

Ratio Decidendi

The Tribunal did not err in law or act perversely in refusing to strike out Mr. Karam's Originating Application; the misconduct found, including lies and improper disclosures, was not of such significance as to jeopardize a fair trial or warrant the draconian sanction of striking out, and Mr. Karam was not responsible for his solicitor's unauthorized conduct at the without prejudice meeting.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • The appeal by CSFB is dismissed.
  • The cross-appeal by Mr. Karam is dismissed.