Roberts v T E Carling [2009] UKEAT 0183_09_0810 (8 October 2009)

Roberts v T E Carling [2009] UKEAT 0183_09_0810 (8 October 2009)

The interests of justice require an extension of time and relief from sanctions, as the Respondent's failure was not intentional, the explanation was good, and the balance of fairness favours granting relief. The Registrar erred by focusing on out-of-time presentation rules instead of relief from sanctions under CPR...

Source-derived case information.

Citation
[2009] UKEAT 0183_09_0810
Parties
Claimant: Ms Carling; Respondent: Ms Roberts
Jurisdiction
United Kingdom
Judgment Date
08 October 2009
Procedural Posture
Employment Appeal Tribunal / Application for Extension of Time and Relief From Sanctions Following Unless Order
Outcome
Application and/or appeal allowed
Legal Topics
Appellate Jurisdiction, Relief From Sanctions, Unless Orders, Bias Allegations, Extension of Time
Employment Law Civil Procedure Appellate Jurisdiction Relief From Sanctions Unless Orders Bias Allegations Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Carling

Claimant

Ms Roberts

Respondent

Procedural Posture

Employment Appeal Tribunal / Application for Extension of Time and Relief From Sanctions Following Unless Order

Legal Issues

  1. 1 Whether the Respondent should be allowed to rely on an affidavit of apparent bias after failing to comply with an unless order
  2. 2 Whether relief from sanctions and extension of time should be granted under Rule 37

Ratio Decidendi

The interests of justice require an extension of time and relief from sanctions, as the Respondent's failure was not intentional, the explanation was good, and the balance of fairness favours granting relief. The Registrar erred by focusing on out-of-time presentation rules instead of relief from sanctions under CPR 3.9.

Court Disposition

Application and/or appeal allowed

Orders

  • Extension of time granted for filing affidavit of apparent bias
  • All points to go to a preliminary hearing