Williams-Key v Anite Systems Ltd [1998] UKEAT 320_98_1103 (11 March 1998)

Williams-Key v Anite Systems Ltd [1998] UKEAT 320_98_1103 (11 March 1998)

The Chairman did not find contumacious conduct by the respondent and exercised discretion properly; the tribunal cannot substitute its own view of the facts or interfere unless the decision is perverse.

Citation
[1998] UKEAT 320_98_1103
Parties
Appellant: Mr Williams-Key; Respondent: Anite Systems Ltd
Jurisdiction
United Kingdom
Judgment Date
11 March 1998
Procedural Posture
Appeal / Interlocutory Appeal Against Refusal to Strike Out Respondent's Notice of Appearance
Outcome
appeal dismissed
Legal Topics
Discovery, Strike Out Applications, Breach of Contract, Unauthorised Deductions, Permanent Health Insurance
Employment Law Disability Discrimination Discovery Strike Out Applications Breach of Contract Unauthorised Deductions Permanent Health Insurance

Case Brief

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Parties

Mr Williams-Key

Appellant

Anite Systems Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Appeal Against Refusal to Strike Out Respondent's Notice of Appearance

Legal Issues

  1. 1 Whether the respondent's conduct amounted to contumacious behaviour justifying strike-out
  2. 2 Whether the Chairman exercised discretion properly in refusing strike-out
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The Chairman did not find contumacious conduct by the respondent and exercised discretion properly; the tribunal cannot substitute its own view of the facts or interfere unless the decision is perverse.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no strike-out order made; appellant may restore strike-out application if further discovery is inadequate.