Esparon & Anor v Roucou (Practice and Procedure : Review)(Practice and Procedure : Review) [2013] UKEAT 0156_12_1502 (15 February 2013)

The Employment Judge misdirected herself in law by considering only the explanation for delay and not the merits of the defence or the balance of prejudice; the review application required a hearing.

Citation: [2013] UKEAT 0156_12_1502
Parties: Claimant: Ms Roucou; Respondent: Ms Esparon; Respondent: Mr Stephenson
Jurisdiction: United Kingdom
Judgment Date: 15 February 2013
Procedural Posture: Employment Tribunal Appeal / Appeal From Refusal of Review of Default Judgment
Outcome: Appeal allowed; review application remitted for fresh hearing
Legal Topics: Default Judgment, Review Application, Extension of Time, Service of Process

Employment Law Civil Procedure Default Judgment Review Application Extension of Time Service of Process

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Ms Roucou

Claimant

Ms Esparon

Respondent

Mr Stephenson

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Refusal of Review of Default Judgment

Legal Issues

1 Whether the Employment Judge erred in refusing the review application solely on the basis of delay
2 Whether all relevant considerations, including merits and prejudice, were taken into account

Ratio Decidendi

The Employment Judge misdirected herself in law by considering only the explanation for delay and not the merits of the defence or the balance of prejudice; the review application required a hearing.

Court Disposition

Appeal allowed; review application remitted for fresh hearing

Orders

Appeal allowed
Review application remitted to a different Employment Judge for determination on evidence and in accordance with Pendragon v Copus