David Weston (t/a Mildenhire Car Rents) v Smeltzer [1995] UKEAT 1015_94_0310 (3 October 1995)

David Weston (t/a Mildenhire Car Rents) v Smeltzer [1995] UKEAT 1015_94_0310 (3 October 1995)

The Tribunal acted lawfully in striking out the Notice of Appearance because all correspondence and orders were sent to the address provided by the respondent, and any failure to receive them was due to the respondent's own actions. There was no error of law or injustice.

Citation
[1995] UKEAT 1015_94_0310
Parties
Appellant/respondent: Mr David Weston T/A Mildenhire Car Rentals; Applicant: Mr Stephen Smeltzer
Jurisdiction
United Kingdom
Judgment Date
03 October 1995
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Strike Out of Defence, Service of Documents, Discovery Orders
Employment Law Civil Procedure Unfair Dismissal Strike Out of Defence Service of Documents Discovery Orders

Case Brief

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Parties

Mr David Weston T/A Mildenhire Car Rentals

Appellant/respondent

Mr Stephen Smeltzer

Applicant

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in striking out the Notice of Appearance for failure to comply with a discovery order when the respondent claimed not to have received notice at the address provided.

Ratio Decidendi

The Tribunal acted lawfully in striking out the Notice of Appearance because all correspondence and orders were sent to the address provided by the respondent, and any failure to receive them was due to the respondent's own actions. There was no error of law or injustice.

Court Disposition

Appeal dismissed