Mgbeojikwe v. Warren & Anor [2000] UKEAT 351_00_0507 (5 July 2000)

Mgbeojikwe v. Warren & Anor [2000] UKEAT 351_00_0507 (5 July 2000)

The Regional Chairman had no power to reopen the case after withdrawal pursuant to a settlement; no review or appeal was properly lodged against the original decision, and thus the appeal must be dismissed.

Citation
[2000] UKEAT 351_00_0507
Parties
Appellant: Patrick Mgbeojikwe; Respondent: Terry Warren; Respondent: Commissioners of Customs and Excise
Jurisdiction
United Kingdom
Judgment Date
05 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Racial Discrimination, Victimisation, Harassment, Withdrawal of Claim, Settlement Agreement, Jurisdiction
Employment Discrimination Racial Discrimination Victimisation Harassment Withdrawal of Claim Settlement Agreement Jurisdiction

Case Brief

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Parties

Patrick Mgbeojikwe

Appellant

Terry Warren

Respondent

Commissioners of Customs and Excise

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Regional Chairman had power to reopen the withdrawn claim
  2. 2 Whether the appellant can appeal the refusal to reinstate the hearing
  3. 3 Validity of the settlement agreement and withdrawal

Ratio Decidendi

The Regional Chairman had no power to reopen the case after withdrawal pursuant to a settlement; no review or appeal was properly lodged against the original decision, and thus the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • No further proceedings permitted
  • No error of law found in Regional Chairman's refusal to reopen case