Eclipse (UK) Ltd v Cornwall & Ors [1997] UKEAT 962_96_2603 (26 March 1997)

Eclipse (UK) Ltd v Cornwall & Ors [1997] UKEAT 962_96_2603 (26 March 1997)

The Chairman's decision to strike out the notices of appearance was unsupported by evidence and lacked necessary findings of fact regarding contumelious default. The Chairman failed to consider less draconian measures and did not properly apply the principles in National Grid Company PLC v Virdee. The appeal is allowed and the strike out and costs order are quashed.

Citation
[1997] UKEAT 962_96_2603
Parties
Appellant: Eclipse (UK) Ltd; Respondent: Cornwall; Respondent: Fountain; Respondent: Potter; Respondent: Cook (deceased); Respondent: Lissamore; Respondent: Hobbs; Respondent: Chamberlain
Jurisdiction
United Kingdom
Judgment Date
26 March 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Chairman's Order Striking Out Notices of Appearance for Non Compliance With Discovery Order
Outcome
Appeal allowed
Legal Topics
Discovery, Strike Out Applications, Transfer of Undertakings, Costs Orders, Compliance With Tribunal Orders
Employment Law Civil Procedure Discovery Strike Out Applications Transfer of Undertakings Costs Orders Compliance With Tribunal Orders

Case Brief

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Parties

Eclipse (UK) Ltd

Appellant

Cornwall

Respondent

Fountain

Respondent

Potter

Respondent

Cook (deceased)

Respondent

Lissamore

Respondent

Hobbs

Respondent

Chamberlain

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Chairman's Order Striking Out Notices of Appearance for Non Compliance With Discovery Order

Legal Issues

  1. 1 Whether the Chairman was justified in striking out the notices of appearance for alleged non-compliance with a discovery order
  2. 2 Whether there was evidence of contumelious default by the employer
  3. 3 Whether the principles in National Grid Company PLC v Virdee were properly applied

Ratio Decidendi

The Chairman's decision to strike out the notices of appearance was unsupported by evidence and lacked necessary findings of fact regarding contumelious default. The Chairman failed to consider less draconian measures and did not properly apply the principles in National Grid Company PLC v Virdee. The appeal is allowed and the strike out and costs order are quashed.

Court Disposition

Appeal allowed

Orders

  • Order striking out notices of appearance quashed
  • Order for costs quashed