Comfort v. Lord Chancellor's Department [2003] UKEAT 0666_02_2905 (29 May 2003)

Comfort v. Lord Chancellor's Department [2003] UKEAT 0666_02_2905 (29 May 2003)

The Tribunal refused the application to re-amend the Notice of Appeal because the procedures for amendment were not followed, there was no evidence of misunderstanding by Counsel, and the Tribunal found it implausible that experienced Counsel could have misunderstood or misconceived the ground of appeal within the relevant timeframe.

Citation
[2003] UKEAT 0666_02_2905
Parties
Appellant: Ms Comfort; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
29 May 2003
Procedural Posture
Employment Appeal / Application to Amend Notice of Appeal
Outcome
Application to amend Notice of Appeal refused
Legal Topics
Disability Discrimination, Constructive Dismissal, Breach of Contract, Redundancy, Appeal Procedure
Employment Law Disability Discrimination Constructive Dismissal Breach of Contract Redundancy Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Comfort

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Application to Amend Notice of Appeal

Legal Issues

  1. 1 Whether the Appellant should be permitted to re-amend the Notice of Appeal to plead a different point on the redundancy issue

Ratio Decidendi

The Tribunal refused the application to re-amend the Notice of Appeal because the procedures for amendment were not followed, there was no evidence of misunderstanding by Counsel, and the Tribunal found it implausible that experienced Counsel could have misunderstood or misconceived the ground of appeal within the relevant timeframe.

Court Disposition

Application to amend Notice of Appeal refused

Orders

  • Application to re-amend Notice of Appeal is refused