Sunley v HMP Durham [2009] UKEAT 0047_09_1203 (12 March 2009)

Sunley v HMP Durham [2009] UKEAT 0047_09_1203 (12 March 2009)

The Employment Judge's material misunderstanding of the nature of the reinvestigation fatally undermined the decision to refuse relief from sanction and strike out the claim; no evidence of prejudice to the respondent was shown, and a fair trial remains possible; relief from sanction is granted and the strike-out is set aside.

Citation
[2009] UKEAT 0047_09_1203
Parties
Claimant: Mrs Sunley; Respondent: HMP Durham
Jurisdiction
United Kingdom
Judgment Date
12 March 2009
Procedural Posture
Employment Appeal / Appeal Against Dismissal of Review Application and Strike Out Order
Outcome
Appeal allowed; review decision and strike-out set aside; claim reinstated.
Legal Topics
Strike Out, Review, Sex Discrimination, Relief From Sanction
Employment Law Civil Procedure Strike Out Review Sex Discrimination Relief From Sanction

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Sunley

Claimant

HMP Durham

Respondent

Procedural Posture

Employment Appeal / Appeal Against Dismissal of Review Application and Strike Out Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claim for failure to actively pursue
  2. 2 Whether the Tribunal misunderstood or misstated material evidence affecting the exercise of discretion
  3. 3 Whether relief from sanction should be granted under CPR 3.9(1) principles

Ratio Decidendi

The Employment Judge's material misunderstanding of the nature of the reinvestigation fatally undermined the decision to refuse relief from sanction and strike out the claim; no evidence of prejudice to the respondent was shown, and a fair trial remains possible; relief from sanction is granted and the strike-out is set aside.

Court Disposition

Appeal allowed; review decision and strike-out set aside; claim reinstated.

Orders

  • Strike-out order set aside.
  • Claim remitted to Employment Tribunal for substantive determination.