National Westminster Bank Plc v Hussain [1991] UKEAT 421_91_2111 (21 November 1991)

National Westminster Bank Plc v Hussain [1991] UKEAT 421_91_2111 (21 November 1991)

The Industrial Tribunal had no jurisdiction to review its interlocutory order as it was not a 'decision' within the meaning of the Rules; the Registrar's refusal to extend time was incorrect due to exceptional circumstances; the January decision was reached on a misunderstanding of law and must be set aside and...

Source-derived case information.

Citation
[1991] UKEAT 421_91_2111
Parties
Applicant: Mr Hussain; Respondent: National Westminster Bank; Respondent: Registrar of the Court
Jurisdiction
United Kingdom
Judgment Date
21 November 1991
Procedural Posture
Appeal and Review From Industrial Tribunal / Appeal From Registrar's Refusal to Extend Time, Review of Industrial Tribunal Decisions, Remittal for Rehearing
Outcome
Appeal against Registrar's refusal allowed; time for appeal extended; January decision set aside and remitted for rehearing; appeal against May review decision dismissed; appeal against May adjourned issue dismissed.
Legal Topics
Racial Discrimination, Jurisdiction of Industrial Tribunals, Extension of Time, Review of Tribunal Decisions, Interlocutory Orders
Employment Law Discrimination Law Civil Procedure Racial Discrimination Jurisdiction of Industrial Tribunals Extension of Time Review of Tribunal Decisions Interlocutory Orders

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Summary, issues, holding and outcome

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Parties

Mr Hussain

Applicant

National Westminster Bank

Respondent

Registrar of the Court

Respondent

Procedural Posture

Appeal and Review From Industrial Tribunal / Appeal From Registrar's Refusal to Extend Time, Review of Industrial Tribunal Decisions, Remittal for Rehearing

Legal Issues

  1. 1 Whether the Industrial Tribunal had jurisdiction to review its own interlocutory order
  2. 2 Whether the application was in time under Section 68 of the Race Relations Act 1976
  3. 3 Whether discretion should be exercised to extend time under Section 68(6)

Ratio Decidendi

The Industrial Tribunal had no jurisdiction to review its interlocutory order as it was not a 'decision' within the meaning of the Rules; the Registrar's refusal to extend time was incorrect due to exceptional circumstances; the January decision was reached on a misunderstanding of law and must be set aside and remitted for rehearing.

Court Disposition

Appeal against Registrar's refusal allowed; time for appeal extended; January decision set aside and remitted for rehearing; appeal against May review decision dismissed; appeal against May adjourned issue dismissed.

Orders

  • Time for appeal against January decision extended.
  • January 1991 decision set aside.