Plank v. Atkins Ltd [2010] UKEAT 0799_09_2001 (20 January 2010)

Plank v. Atkins Ltd [2010] UKEAT 0799_09_2001 (20 January 2010)

The second Notice of Appeal, although technically a 'fresh' notice under Rule 3(8), was an abuse of process as it repeated the same grounds as the first notice. The appeal raised no arguable point of law and was wholly misconceived. Routine case management orders are within the discretion of Employment Judges and do not give rise to an appealable point of law.

Citation
[2010] UKEAT 0799_09_2001
Parties
Appellant: Mr Plank; Respondent: Atkins Ltd
Jurisdiction
United Kingdom
Judgment Date
20 January 2010
Procedural Posture
Employment Appeal Tribunal Appeal / Rule 3(10) Hearing Following Rejection of Second Notice of Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Notice of Appeal, Case Management Directions, Jurisdiction, Res Judicata, Limitation, Reasonable Prospect of Success
Employment Law Appellate Procedure Abuse of Process Notice of Appeal Case Management Directions Jurisdiction Res Judicata Limitation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mr Plank

Appellant

Atkins Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal Appeal / Rule 3(10) Hearing Following Rejection of Second Notice of Appeal

Legal Issues

  1. 1 Whether the second Notice of Appeal constituted a 'fresh' notice under Rule 3(8)
  2. 2 Whether more than one fresh Notice of Appeal is permitted under Rule 3(8)
  3. 3 Whether the appeal raised any arguable point of law

Ratio Decidendi

The second Notice of Appeal, although technically a 'fresh' notice under Rule 3(8), was an abuse of process as it repeated the same grounds as the first notice. The appeal raised no arguable point of law and was wholly misconceived. Routine case management orders are within the discretion of Employment Judges and do not give rise to an appealable point of law.

Court Disposition

Appeal dismissed

Orders

  • Application under Rule 3(10) dismissed
  • No further action to be taken on the appeal