Chambers-Mills v Allied Bakeries [2008] UKEAT 0165_08_1811 (18 November 2008)
The Tribunal was entitled to strike out the claim for deliberate and persistent failure to comply with orders and non-cooperation with joint medical experts, making a fair trial impossible; there was no perversity or vitiated discretion, and the strike-out was proportionate.
Source-derived case information.
- Citation
- [2008] UKEAT 0165_08_1811
- Parties
- Appellant: Mrs Chambers-Mills; Respondent: Unknown (Respondent)
- Jurisdiction
- United Kingdom
- Judgment Date
- 18 November 2008
- Procedural Posture
- Employment Appeal / Appeal Against Strike Out Order by Employment Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Strike Out Applications, Disability Discrimination Act 1995, Case Management, Adjournment Discretion, Proportionality, Perversity
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs Chambers-Mills
Appellant
Unknown (Respondent)
Respondent
Procedural Posture
Employment Appeal / Appeal Against Strike Out Order by Employment Tribunal
Legal Issues
- 1 Whether the Employment Tribunal erred in law in striking out the disability discrimination claim for unreasonable conduct and failure to comply with orders
- 2 Whether the Tribunal's refusal to adjourn was a vitiated exercise of discretion
- 3 Whether the Tribunal's findings were perverse
Ratio Decidendi
The Tribunal was entitled to strike out the claim for deliberate and persistent failure to comply with orders and non-cooperation with joint medical experts, making a fair trial impossible; there was no perversity or vitiated discretion, and the strike-out was proportionate.
Court Disposition
Appeal dismissed
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