Strickland v Kier Ltd & Ors [2017] UKEAT 0130_17_1110 (11 October 2017)

Strickland v Kier Ltd & Ors [2017] UKEAT 0130_17_1110 (11 October 2017)

It is not for the Claimant to produce evidence of Dubai law at this stage or to pay half the cost of obtaining such evidence; the Tribunal erred in law by ordering otherwise. The burden to plead and establish foreign law rests with the Respondents.

Citation
[2017] UKEAT 0130_17_1110
Parties
Appellant: Peter Strickland; Respondents: Respondents
Jurisdiction
United Kingdom
Judgment Date
11 October 2017
Procedural Posture
Employment Tribunal Appeal / Appeal From Case Management Order
Outcome
Appeal allowed
Legal Topics
Burden of Proof for Foreign Law, Wrongful Dismissal, Case Management, Contractual Claims
Employment Law Conflict of Laws Burden of Proof for Foreign Law Wrongful Dismissal Case Management Contractual Claims

Case Brief

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Parties

Peter Strickland

Appellant

Respondents

Respondents

Procedural Posture

Employment Tribunal Appeal / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in ordering the Claimant to pay half the cost of obtaining evidence of Dubai law
  2. 2 Who bears the burden of proof regarding foreign law in contractual claims

Ratio Decidendi

It is not for the Claimant to produce evidence of Dubai law at this stage or to pay half the cost of obtaining such evidence; the Tribunal erred in law by ordering otherwise. The burden to plead and establish foreign law rests with the Respondents.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the same Employment Tribunal for further directions in accordance with this Judgment
  • Transcript of this Judgment to be provided