Limoine v Sharma (PRACTICE AND PROCEDURE –- Appearance /response - Right to be heard) [2019] UKEAT 0094_19_0907 (9 July 2019)

Limoine v Sharma (PRACTICE AND PROCEDURE –- Appearance /response - Right to be heard) [2019] UKEAT 0094_19_0907 (9 July 2019)

It is an error of law to grant judgment solely due to lack of response without considering whether the claim is properly made out on the material presented; the judge must also consider whether to permit participation in the hearing by the party who failed to respond.

Citation
[2019] UKEAT 0094_19_0907
Parties
Appellant: Ms Jagroo (Claimant); Respondent: Respondent (unnamed)
Jurisdiction
United Kingdom
Judgment Date
09 July 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; original judgment quashed; both claims remitted to Employment Tribunal for reconsideration.
Legal Topics
Default Judgment, Right to Be Heard, Breach of Contract, Employer's Contract Claim, Remission of Claims
Employment Law Civil Procedure Default Judgment Right to Be Heard Breach of Contract Employer's Contract Claim Remission of Claims

Case Brief

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Parties

Ms Jagroo (Claimant)

Appellant

Respondent (unnamed)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether judgment can be entered solely due to lack of response under Rule 21(2)
  2. 2 Whether the judge erred by not considering participation rights under Rule 21(3)
  3. 3 Whether the sums claimed by the respondent were recoverable as losses flowing from breach

Ratio Decidendi

It is an error of law to grant judgment solely due to lack of response without considering whether the claim is properly made out on the material presented; the judge must also consider whether to permit participation in the hearing by the party who failed to respond.

Court Disposition

Appeal allowed; original judgment quashed; both claims remitted to Employment Tribunal for reconsideration.

Orders

  • Judgment quashed as it relates to both claims.
  • Both claims remitted to Employment Tribunal for determination under Rule 21(2).