McFarlane v Rendel Palmer & Tritton [1996] UKEAT 1032_95_0606 (6 June 1996)

McFarlane v Rendel Palmer & Tritton [1996] UKEAT 1032_95_0606 (6 June 1996)

The tribunal acted within its discretion in striking out the appellant's claim after repeated, clear, and patient warnings and orders for further particulars were disregarded or refused by the appellant, making it impossible to do justice between the parties.

Citation
[1996] UKEAT 1032_95_0606
Parties
Appellant: Mr McFarlane; Respondent: Rendel, Palmer & Tritton
Jurisdiction
United Kingdom
Judgment Date
06 June 1996
Procedural Posture
Employment Appeal / Appeal Against Striking Out of Originating Application and Refusal to Review
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Breach of Contract, Bad Faith, Procedural Compliance, Striking Out Applications
Employment Law Constructive Dismissal Breach of Contract Bad Faith Procedural Compliance Striking Out Applications

Case Brief

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Parties

Mr McFarlane

Appellant

Rendel, Palmer & Tritton

Respondent

Procedural Posture

Employment Appeal / Appeal Against Striking Out of Originating Application and Refusal to Review

Legal Issues

  1. 1 Whether the tribunal properly exercised its discretion in striking out the appellant's originating application for failure to provide further particulars
  2. 2 Whether the refusal to review the striking out order was proper

Ratio Decidendi

The tribunal acted within its discretion in striking out the appellant's claim after repeated, clear, and patient warnings and orders for further particulars were disregarded or refused by the appellant, making it impossible to do justice between the parties.

Court Disposition

Appeal dismissed