Edem v. Egg Plc & Anor [2007] UKEAT 1600_06_2606 (26 June 2007)

Edem v. Egg Plc & Anor [2007] UKEAT 1600_06_2606 (26 June 2007)

The appeals were dismissed and/or struck out because the underlying claims had no reasonable prospect of success, the Claimant failed to comply with directions and attend hearings, and the appeals constituted an abuse of process. The Employment Tribunal's decisions to strike out the claims and impose a stay were...

Source-derived case information.

Citation
[2007] UKEAT 1600_06_2606
Parties
Appellant: Mr Edem; Respondent: Egg Plc; Respondent: Ms J Croft; Respondent: Ajilon (UK) Ltd; Respondent: Fujitsu Services Ltd
Jurisdiction
United Kingdom
Judgment Date
26 June 2007
Procedural Posture
Employment Appeal Tribunal Multiple Notices of Appeal / Appeal Against Interim and Strike Out Judgments; Case Management Directions
Outcome
Appeals dismissed and/or struck out
Legal Topics
Striking Out Claims, Case Management, Abuse of Process, Appeals Procedure, Discrimination, Unfair Dismissal
Employment Law Civil Procedure Striking Out Claims Case Management Abuse of Process Appeals Procedure Discrimination Unfair Dismissal

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Summary, issues, holding and outcome

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Parties

Mr Edem

Appellant

Egg Plc

Respondent

Ms J Croft

Respondent

Ajilon (UK) Ltd

Respondent

Fujitsu Services Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal Multiple Notices of Appeal / Appeal Against Interim and Strike Out Judgments; Case Management Directions

  1. 1 Whether interim appeals should be entertained after strike-out of claims
  2. 2 Whether the Employment Tribunal erred in striking out the claims for lack of reasonable prospect of success and unreasonable conduct
  3. 3 Whether the stay in the Egg Plc case should be lifted

Ratio Decidendi

The appeals were dismissed and/or struck out because the underlying claims had no reasonable prospect of success, the Claimant failed to comply with directions and attend hearings, and the appeals constituted an abuse of process. The Employment Tribunal's decisions to strike out the claims and impose a stay were correct exercises of discretion. There was no error of law identified, and the repeated appeals and applications were found to obstruct the administration of justice.

Court Disposition

Appeals dismissed and/or struck out

Orders

  • All five Notices of Appeal are dismissed or struck out under Rule 26 and/or Rule 3(7) for lack of merit, abuse of process, and failure to comply with directions.
  • No further action to be taken on interim appeals as underlying claims are struck out.