Doshoki v. Draeger Medical [2000] UKEAT 39_99_0803 (8 March 2000)

Doshoki v. Draeger Medical [2000] UKEAT 39_99_0803 (8 March 2000)

The application to re-amend the Notice of Appeal to reintroduce a ground already dismissed at the preliminary hearing is refused because the issue has already been determined by the Tribunal and cannot be reopened by procedural amendment.

Citation
[2000] UKEAT 39_99_0803
Parties
Appellant: Dr Doshoki; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 March 2000
Procedural Posture
Employment Appeal / Application for Leave to Re Amend Notice of Appeal
Outcome
Application dismissed
Legal Topics
Victimisation, Racial Discrimination, Wrongful Dismissal, Amendment of Notice of Appeal, Procedural Law
Employment Law Victimisation Racial Discrimination Wrongful Dismissal Amendment of Notice of Appeal Procedural Law

Case Brief

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Parties

Dr Doshoki

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Application for Leave to Re Amend Notice of Appeal

Legal Issues

  1. 1 Whether leave should be granted to re-amend the Notice of Appeal to reintroduce a ground previously dismissed at preliminary hearing
  2. 2 Whether the existence of an actual comparator affects the prior dismissal of the discrimination ground

Ratio Decidendi

The application to re-amend the Notice of Appeal to reintroduce a ground already dismissed at the preliminary hearing is refused because the issue has already been determined by the Tribunal and cannot be reopened by procedural amendment.

Court Disposition

Application dismissed