NSM Music Ltd v. Leefe [2005] UKEAT 0663_05_1412 (14 December 2005)

NSM Music Ltd v. Leefe [2005] UKEAT 0663_05_1412 (14 December 2005)

A debarred respondent may request written reasons only for the purpose of a review application under Rule 9(b); refusal of reasons for appeal purposes is lawful. Appeal against refusal of reasons dismissed; appeal against judgment stayed pending provision of reasons by Tribunal.

Citation
[2005] UKEAT 0663_05_1412
Parties
Appellant: NSM Music Ltd; Respondent: Mr Leefe
Jurisdiction
United Kingdom
Judgment Date
14 December 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal of Reasons and Stay of Appeal Against Judgment
Outcome
Appeal against refusal of reasons dismissed; appeal against judgment stayed pending provision of reasons.
Legal Topics
Default Judgment, Debarring Orders, Request for Reasons, Review Applications, Quantum of Compensation
Employment Law Practice and Procedure Default Judgment Debarring Orders Request for Reasons Review Applications Quantum of Compensation

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Parties

NSM Music Ltd

Appellant

Mr Leefe

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal of Reasons and Stay of Appeal Against Judgment

Legal Issues

  1. 1 Whether a debarred respondent may request written reasons for judgment under Rule 9
  2. 2 Whether refusal to provide reasons was lawful
  3. 3 Proportionality of debarring orders affecting both liability and quantum

Ratio Decidendi

A debarred respondent may request written reasons only for the purpose of a review application under Rule 9(b); refusal of reasons for appeal purposes is lawful. Appeal against refusal of reasons dismissed; appeal against judgment stayed pending provision of reasons by Tribunal.

Court Disposition

Appeal against refusal of reasons dismissed; appeal against judgment stayed pending provision of reasons.

Orders

  • Employment Tribunal requested to provide written reasons within 35 days.
  • Respondent to particularise appeal or abandon within 21 days of receipt of reasons.