Criddle v Epcot Leisure Ltd [2005] UKEAT 0275_05_2406 (24 June 2005)

Criddle v Epcot Leisure Ltd [2005] UKEAT 0275_05_2406 (24 June 2005)

The Chairman had no power to make a strike-out order under Rule 13(2) of the 2004 Rules for non-compliance with a costs order made under Rule 14 of the 2001 Rules, and failed to properly exercise discretion and provide reasons for the costs order, rendering both orders invalid.

Citation
[2005] UKEAT 0275_05_2406
Parties
Appellant: Mr Criddle; Respondent: Epcot Leisure Ltd
Jurisdiction
United Kingdom
Judgment Date
24 June 2005
Procedural Posture
Employment Tribunal Appeal / Appeal Against Costs and Strike Out Orders
Outcome
appeal allowed
Legal Topics
Transitional Provisions, Costs Orders, Strike Out Orders, Unreasonable Conduct, Access to Justice
Employment Law Civil Procedure Transitional Provisions Costs Orders Strike Out Orders Unreasonable Conduct Access to Justice

Case Brief

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Parties

Mr Criddle

Appellant

Epcot Leisure Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Costs and Strike Out Orders

Legal Issues

  1. 1 Whether the Chairman had power to make a strike-out order under Rule 13(2) of the 2004 Rules for non-compliance with a costs order made under Rule 14 of the 2001 Rules
  2. 2 Whether the costs order under Rule 14 of the 2001 Rules was properly made

Ratio Decidendi

The Chairman had no power to make a strike-out order under Rule 13(2) of the 2004 Rules for non-compliance with a costs order made under Rule 14 of the 2001 Rules, and failed to properly exercise discretion and provide reasons for the costs order, rendering both orders invalid.

Court Disposition

appeal allowed

Orders

  • strike-out order set aside
  • costs order set aside