Pestle & Mortar v Turner [2005] UKEAT 0652_05_0912 (9 December 2005)

Pestle & Mortar v Turner [2005] UKEAT 0652_05_0912 (9 December 2005)

The Chairman erred by elevating the lack of good reason for delay above other relevant factors and failing to properly balance the prejudice suffered by the Respondent due to the default judgment; the review application should have been allowed and the default judgment set aside.

Citation
[2005] UKEAT 0652_05_0912
Parties
Respondent: Pestle & Mortar; Claimant: Mr Turner
Jurisdiction
United Kingdom
Judgment Date
09 December 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Against Dismissal of Review Application of Default Judgment
Outcome
Appeal allowed
Legal Topics
Default Judgment, Review of Tribunal Decisions, Time Limits for Response, Balance of Prejudice
Employment Law Civil Procedure Default Judgment Review of Tribunal Decisions Time Limits for Response Balance of Prejudice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Pestle & Mortar

Respondent

Mr Turner

Claimant

Procedural Posture

Employment Appeal Tribunal / Appeal Against Dismissal of Review Application of Default Judgment

Legal Issues

  1. 1 Whether the Chairman erred in refusing to review a default judgment due to late response
  2. 2 Proper construction of Employment Tribunal Rules 33(5) and (6)
  3. 3 Balance of prejudice between parties

Ratio Decidendi

The Chairman erred by elevating the lack of good reason for delay above other relevant factors and failing to properly balance the prejudice suffered by the Respondent due to the default judgment; the review application should have been allowed and the default judgment set aside.

Court Disposition

Appeal allowed

Orders

  • Chairman's order set aside
  • Review application allowed