Finlay v Cyron & Others (Practice and Procedure : Service) [2011] UKEAT 0121_11_1410 (14 October 2011)

Finlay v Cyron & Others (Practice and Procedure : Service) [2011] UKEAT 0121_11_1410 (14 October 2011)

The appeal was dismissed because rule 61 (4) (h) did not apply to service for joinder, there was insufficient evidence of improper motive, and the claim of joint liability was not hopeless and should not be struck out without full factual determination.

Citation
[2011] UKEAT 0121_11_1410
Parties
Appellant: Mr Finlay; Second Respondent: Beam Respondents
Jurisdiction
United Kingdom
Judgment Date
14 October 2011
Procedural Posture
Employment Tribunal Appeal / Appeal Against Refusal to Strike Out Claim
Outcome
Appeal dismissed
Legal Topics
Service of Proceedings, Joinder of Parties, Strike Out Applications, Joint Liability, Costs Applications
Employment Law Discrimination Law Service of Proceedings Joinder of Parties Strike Out Applications Joint Liability Costs Applications

Case Brief

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Parties

Mr Finlay

Appellant

Beam Respondents

Second Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether service was properly effected under Employment Tribunal Rules
  2. 2 Whether the application to join the Appellant was made for an improper motive
  3. 3 Whether the claim of joint liability had no reasonable prospect of success

Ratio Decidendi

The appeal was dismissed because rule 61 (4) (h) did not apply to service for joinder, there was insufficient evidence of improper motive, and the claim of joint liability was not hopeless and should not be struck out without full factual determination.

Court Disposition

Appeal dismissed

Orders

  • No strike out of claim against Appellant
  • No costs awarded