R S D Technology Ltd v Dawson [1995] UKEAT 608_94_0811 (8 November 1995)

R S D Technology Ltd v Dawson [1995] UKEAT 608_94_0811 (8 November 1995)

Respondent failed to deliver an answer within the time appointed, proper service was effected, and no extension was sought; therefore, respondent should be debarred unless an answer is served within 10 days.

Citation
[1995] UKEAT 608_94_0811
Parties
Appellant: R. S. D. Technology Ltd; Respondent: Peter Dawson
Jurisdiction
United Kingdom
Judgment Date
08 November 1995
Procedural Posture
Appeal / Application for Order Debarring Respondent for Default
Outcome
conditional debarring of respondent
Legal Topics
Redundancy Payment, Procedural Default, Appeal Process
Employment Law Redundancy Payment Procedural Default Appeal Process

Case Brief

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Parties

R. S. D. Technology Ltd

Appellant

Peter Dawson

Respondent

Procedural Posture

Appeal / Application for Order Debarring Respondent for Default

Legal Issues

  1. 1 Whether respondent should be debarred from proceedings for failure to deliver answer
  2. 2 Proper service of documents under tribunal rules

Ratio Decidendi

Respondent failed to deliver an answer within the time appointed, proper service was effected, and no extension was sought; therefore, respondent should be debarred unless an answer is served within 10 days.

Court Disposition

conditional debarring of respondent

Orders

  • Respondent Peter Dawson is debarred from taking any further part in the proceedings unless he serves a Respondent's answer within 10 days of the date of the order.
  • A copy of the order and judgment to be sent to respondent.