Prison Service v Thompson [1998] UKEAT 194_98_1302 (13 February 1998)

Prison Service v Thompson [1998] UKEAT 194_98_1302 (13 February 1998)

The Tribunal erred by failing to properly balance the prejudice to both parties, overstating prejudice to the applicant, and allowing procedural rules to obstruct justice. The delay was minor, no real prejudice was shown, and justice required granting the extension with costs to compensate the applicant.

Source-derived case information.

Citation
[1998] UKEAT 194_98_1302
Parties
Appellant: Prison Service; Respondent: Applicant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
13 February 1998
Procedural Posture
Appeal / Interlocutory Judgment on Extension of Time
Outcome
appeal allowed
Legal Topics
Extension of Time, Notice of Appearance, Prejudice, Costs, Procedural Fairness
Employment Law Civil Procedure Extension of Time Notice of Appearance Prejudice Costs Procedural Fairness

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Parties

Prison Service

Appellant

Applicant (unnamed)

Respondent

Procedural Posture

Appeal / Interlocutory Judgment on Extension of Time

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in refusing to extend time for the Prison Service to file a Notice of Appearance
  2. 2 Whether the Tribunal misdirected itself regarding the balancing of prejudice and the exercise of discretion

Ratio Decidendi

The Tribunal erred by failing to properly balance the prejudice to both parties, overstating prejudice to the applicant, and allowing procedural rules to obstruct justice. The delay was minor, no real prejudice was shown, and justice required granting the extension with costs to compensate the applicant.

Court Disposition

appeal allowed

Orders

  • Extension of time for Notice of Appearance granted to the Prison Service
  • Prison Service to pay costs thrown away as a result of the application