Wright v. Mitie Cleaning (North) Ltd & Ors [2000] UKEAT 331_2000_2703 (27 March 2000)

Wright v. Mitie Cleaning (North) Ltd & Ors [2000] UKEAT 331_2000_2703 (27 March 2000)

The Chairman properly exercised discretion by granting and then affirming leave to amend after considering the Applicant's objections. The amendment was not late, was in the interests of justice, and did not render the Chairman's decision perverse. No error of law was established.

Citation
[2000] UKEAT 331_2000_2703
Parties
Applicant: Mr Wright; First Respondent: Mitie Group Plc; Second Respondent: Mike Crompton; Third Respondent: Mr McCarthy
Jurisdiction
United Kingdom
Judgment Date
27 March 2000
Procedural Posture
Employment Tribunal Appeal / Interlocutory Appeal Against Order Granting Leave to Amend Notice of Appearance
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Amendment of Pleadings, Procedural Fairness
Employment Law Unfair Dismissal Amendment of Pleadings Procedural Fairness

Case Brief

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Parties

Mr Wright

Applicant

Mitie Group Plc

First Respondent

Mike Crompton

Second Respondent

Mr McCarthy

Third Respondent

Procedural Posture

Employment Tribunal Appeal / Interlocutory Appeal Against Order Granting Leave to Amend Notice of Appearance

Legal Issues

  1. 1 Whether the Chairman erred in granting leave to amend the Notice of Appearance
  2. 2 Whether the amendment caused procedural unfairness or prejudice to the Applicant

Ratio Decidendi

The Chairman properly exercised discretion by granting and then affirming leave to amend after considering the Applicant's objections. The amendment was not late, was in the interests of justice, and did not render the Chairman's decision perverse. No error of law was established.

Court Disposition

Appeal dismissed

Orders

  • Leave to amend Notice of Appearance affirmed
  • Applicant may apply for costs at the full hearing if additional costs incurred due to postponement