Driver v Preston Borough Council & Anor [1998] UKEAT 1274_97_0902 (9 February 1998)

Driver v Preston Borough Council & Anor [1998] UKEAT 1274_97_0902 (9 February 1998)

There are arguable points as to whether the exchange of letters constituted a binding compromise agreement under the statutory requirements, and whether Mr Driver could claim costs against Preston Borough Council under the tribunal rules.

Citation
[1998] UKEAT 1274_97_0902
Parties
Appellant: Mr Driver; Applicant: Mrs Harrison; First Respondent: Preston Borough Council
Jurisdiction
United Kingdom
Judgment Date
09 February 1998
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Case allowed to proceed to full hearing on identified issues
Legal Topics
Sex Discrimination, Costs Applications, Compromise Agreements
Employment Law Equality Law Sex Discrimination Costs Applications Compromise Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Driver

Appellant

Mrs Harrison

Applicant

Preston Borough Council

First Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether there was a binding compromise agreement as to costs between Mr Driver and Mrs Harrison by exchange of letters on 21st March 1997
  2. 2 Whether Mr Driver had a possible claim for costs against Preston Borough Council under paragraph 12 of the First Schedule to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993

Ratio Decidendi

There are arguable points as to whether the exchange of letters constituted a binding compromise agreement under the statutory requirements, and whether Mr Driver could claim costs against Preston Borough Council under the tribunal rules.

Court Disposition

Case allowed to proceed to full hearing on identified issues

Orders

  • Full hearing ordered on whether there was a binding agreement as to costs between Mr Driver and Mrs Harrison by the exchange of letters of 21st March 1997
  • Full hearing ordered on whether the tribunal was correct to hold that Mr Driver had no possible claim against Preston Borough Council under paragraph 12 of the First Schedule to the 1993 Regulations