Nicholas v. Plummers Restaurant Ltd [2000] EAT 1111_99_1205 (12 May 2000)

Nicholas v. Plummers Restaurant Ltd [2000] EAT 1111_99_1205 (12 May 2000)

The Applicant has failed to comply with clear directions to reformulate the Notice of Appeal to identify points of law as required by Practice Direction 2(3). Further time is granted, but failure to comply by the new deadline will risk debarring the Applicant and dismissal of the appeal.

Citation
[2000] EAT 1111_99_1205
Parties
Applicant: G. Nicholas; Respondents: Directors of Plummers Restaurant Ltd
Jurisdiction
United Kingdom
Judgment Date
12 May 2000
Procedural Posture
Employment Appeal / Directions Hearing (ex Parte, Adjourned for Inter Partes)
Outcome
Adjourned for inter partes hearing; directions given for amendment of Notice of Appeal
Legal Topics
Notice of Appeal Requirements, Striking Out Pleadings, Directions Hearings, Adjournment, Compliance With Procedural Rules
Employment Law Civil Procedure Notice of Appeal Requirements Striking Out Pleadings Directions Hearings Adjournment Compliance With Procedural Rules

Case Brief

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Parties

G. Nicholas

Applicant

Directors of Plummers Restaurant Ltd

Respondents

Procedural Posture

Employment Appeal / Directions Hearing (ex Parte, Adjourned for Inter Partes)

Legal Issues

  1. 1 Whether the Notice of Appeal complies with Practice Direction 2(3) by identifying points of law
  2. 2 Whether the Applicant should be permitted to proceed given failure to amend the Notice of Appeal
  3. 3 Whether the appeal should be struck out for non-compliance

Ratio Decidendi

The Applicant has failed to comply with clear directions to reformulate the Notice of Appeal to identify points of law as required by Practice Direction 2(3). Further time is granted, but failure to comply by the new deadline will risk debarring the Applicant and dismissal of the appeal.

Court Disposition

Adjourned for inter partes hearing; directions given for amendment of Notice of Appeal

Orders

  • Applicant to delete from Notice of Appeal, after page 2, everything except grounds of appeal consisting of allegations of error of law strictly-so-called.
  • Applicant to serve amended Notice of Appeal on Respondents and EAT by 23 May 2000.