Royal Bank of Scotland v Abraham [2009] UKEAT 0305_09_2608 (26 August 2009)

Royal Bank of Scotland v Abraham [2009] UKEAT 0305_09_2608 (26 August 2009)

Once partial non-compliance with an unless order is determined, the automatic sanction of strike-out applies to all claims subject to the order unless relief is sought; Employment Judge erred in exercising discretion to allow part of the claim to proceed.

Citation
[2009] UKEAT 0305_09_2608
Parties
Appellant Advocate: MS W SOMMERVILLE; Appellant Solicitors: Messrs Brodies LLP Solicitors; Respondent: MRS M ABRAHAM
Jurisdiction
United Kingdom
Judgment Date
26 August 2009
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Decision
Outcome
Appeal allowed; unfair dismissal claim struck out subject to any application for review or relief.
Legal Topics
Striking Out, Unless Orders, Relief From Sanctions, Unfair Dismissal, Sex Discrimination
Employment Law Civil Procedure Striking Out Unless Orders Relief From Sanctions Unfair Dismissal Sex Discrimination

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

MS W SOMMERVILLE

Appellant Advocate

Messrs Brodies LLP Solicitors

Appellant Solicitors

MRS M ABRAHAM

Respondent

Procedural Posture

Employment Appeal / Appeal Against Pre Hearing Review Decision

Legal Issues

  1. 1 Whether partial non-compliance with an unless order permits splitting of claims
  2. 2 Whether the Employment Judge had discretion to allow part of the claim to proceed after partial breach
  3. 3 Whether automatic strike-out applies to all claims subject to an unless order

Ratio Decidendi

Once partial non-compliance with an unless order is determined, the automatic sanction of strike-out applies to all claims subject to the order unless relief is sought; Employment Judge erred in exercising discretion to allow part of the claim to proceed.

Court Disposition

Appeal allowed; unfair dismissal claim struck out subject to any application for review or relief.

Orders

  • Unfair dismissal claim struck out.
  • Respondent may apply for review or relief within seven days.