Sivanandan v London Borough Of Enfield & Ors [1998] UKEAT 450_98_0110 (1 October 1998)

Sivanandan v London Borough Of Enfield & Ors [1998] UKEAT 450_98_0110 (1 October 1998)

The interests of justice require that all issues, including the previously withdrawn bias allegation and the late respondent's answer, be considered at a renewed hearing. The correct parties are the individual committee members of the Enfield Racial Equality Council, not the association itself.

Citation
[1998] UKEAT 450_98_0110
Parties
Appellant: Ms Sivanandan; 1st Respondent: London Borough of Enfield; 2nd Respondent: Executive Committee of Enfield Racial Equality Council; 3rd Respondent: Ms Chandra Bhatia
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Employment Appeal / Directions Hearing
Outcome
Directions issued for renewed hearing; amendments to parties ordered; late answer allowed; consolidation of appeals anticipated.
Legal Topics
Bias in Tribunal Proceedings, Jurisdiction of Unincorporated Associations, Amendment of Pleadings, Extension of Time, Res Judicata
Employment Law Bias in Tribunal Proceedings Jurisdiction of Unincorporated Associations Amendment of Pleadings Extension of Time Res Judicata

Case Brief

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Parties

Ms Sivanandan

Appellant

London Borough of Enfield

1st Respondent

Executive Committee of Enfield Racial Equality Council

2nd Respondent

Ms Chandra Bhatia

3rd Respondent

Procedural Posture

Employment Appeal / Directions Hearing

Legal Issues

  1. 1 Whether leave granted by Judge Levy was properly granted
  2. 2 Whether Notice of Appeal conforms to leave granted
  3. 3 Whether issues in paragraphs 13, 14, and 15 of Notice of Appeal are res judicata

Ratio Decidendi

The interests of justice require that all issues, including the previously withdrawn bias allegation and the late respondent's answer, be considered at a renewed hearing. The correct parties are the individual committee members of the Enfield Racial Equality Council, not the association itself.

Court Disposition

Directions issued for renewed hearing; amendments to parties ordered; late answer allowed; consolidation of appeals anticipated.

Orders

  • Renewed hearing to include all issues, including bias allegation, before Christmas.
  • Proceedings to be amended to name individual committee members as second respondents.