Osborne v. Valve (Engineering) Services Ltd & Anor [2000] UKEAT 393_00_0905 (9 May 2000)
The proper form and effect of an order dismissing a claim on withdrawal, and whether such an order precludes subsequent civil proceedings, require full argument and cannot be determined at a preliminary hearing.
Source-derived case information.
- Citation
- [2000] UKEAT 393_00_0905
- Parties
- Appellant: Mrs Osborne; Respondent: Valve (Engineering) Services Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 May 2000
- Procedural Posture
- Employment Tribunal Appeal / Preliminary Hearing – Ex Parte
- Outcome
- Appeal to proceed to full inter partes hearing
- Legal Topics
- Unfair Dismissal, Sex Discrimination, Breach of Contract, Jurisdiction, Withdrawal of Claims
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs Osborne
Appellant
Valve (Engineering) Services Ltd
Respondent
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing – Ex Parte
Legal Issues
- 1 Whether the Employment Tribunal Chairman erred in dismissing the breach of contract claim on withdrawal
- 2 Whether the form of the dismissal order bars the appellant from pursuing the claim in civil courts
- 3 Whether the refusal to review the order was correct
Ratio Decidendi
The proper form and effect of an order dismissing a claim on withdrawal, and whether such an order precludes subsequent civil proceedings, require full argument and cannot be determined at a preliminary hearing.
Court Disposition
Appeal to proceed to full inter partes hearing
Orders
- Appeal listed for four hours, Category B
- Exchange of skeleton arguments at least 14 days before hearing
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