Millin v Capsticks LLP & Ors (Practice and Procedure : Case Management) [2014] UKEAT 1010_12_2702 (27 February 2014)

Millin v Capsticks LLP & Ors (Practice and Procedure : Case Management) [2014] UKEAT 1010_12_2702 (27 February 2014)

Permission to amend the Notice of Appeal to include the Ashley Irons point is refused due to finality in litigation, delay, and prejudice; the Tribunal was not obliged to decide the Ashley Irons issue as it was not in the agreed list of issues; the appraisals point, based on a Respondents' concession, is allowed to...

Source-derived case information.

Citation
[2014] UKEAT 1010_12_2702
Parties
Appellant: Ms Millin; Respondent: Capsticks
Jurisdiction
United Kingdom
Judgment Date
27 February 2014
Procedural Posture
Rule 3(10) Application Appellant Only / Appellate Review of Second and Third Employment Tribunal Judgments
Outcome
Application to amend refused; appraisals point and costs issue to proceed to full hearing.
Legal Topics
Constructive Unfair Dismissal, Sex Discrimination, Case Management, Costs
Employment Law Discrimination Law Constructive Unfair Dismissal Sex Discrimination Case Management Costs

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Summary, issues, holding and outcome

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Parties

Ms Millin

Appellant

Capsticks

Respondent

Procedural Posture

Rule 3(10) Application Appellant Only / Appellate Review of Second and Third Employment Tribunal Judgments

Legal Issues

  1. 1 Whether permission should be granted to amend the Notice of Appeal to include the Ashley Irons point
  2. 2 Whether the Tribunal erred in failing to decide the Ashley Irons issue
  3. 3 Whether the Tribunal correctly applied a concession in relation to appraisals

Ratio Decidendi

Permission to amend the Notice of Appeal to include the Ashley Irons point is refused due to finality in litigation, delay, and prejudice; the Tribunal was not obliged to decide the Ashley Irons issue as it was not in the agreed list of issues; the appraisals point, based on a Respondents' concession, is allowed to proceed to a full hearing; the Tribunal's reasons in the second judgment are sufficient and Meek-compliant; the costs issue will proceed to a full hearing contingent on the appraisals point.

Court Disposition

Application to amend refused; appraisals point and costs issue to proceed to full hearing.

Orders

  • Ashley Irons amendment refused.
  • Appraisals point allowed to proceed to full hearing.