Chancerygate (Business Centre) Ltd v. Jenkins (Rev 1) [2010] UKEAT 0212_10_2204 (22 April 2010)

Chancerygate (Business Centre) Ltd v. Jenkins (Rev 1) [2010] UKEAT 0212_10_2204 (22 April 2010)

The Regional Employment Judge failed to balance the overriding objective by imposing a six-day hearing at short notice, causing unfairness to both parties who would lose their counsel and incur unnecessary costs, especially in the absence of proper disclosure. The joint application for postponement should have been granted.

Citation
[2010] UKEAT 0212_10_2204
Parties
Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
22 April 2010
Procedural Posture
Employment Appeal / Interlocutory Appeal Against Case Management Order
Outcome
appeal allowed
Legal Topics
Postponement of Hearing, Case Management, Overriding Objective, Disclosure, Adjournment
Employment Law Civil Procedure Postponement of Hearing Case Management Overriding Objective Disclosure Adjournment

Case Brief

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Parties

Unknown (Appellant)

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal Against Case Management Order

Legal Issues

  1. 1 Whether the Regional Employment Judge erred in refusing a joint application to postpone a hearing and in extending the hearing from two to six days without proper notice or consideration of fairness.

Ratio Decidendi

The Regional Employment Judge failed to balance the overriding objective by imposing a six-day hearing at short notice, causing unfairness to both parties who would lose their counsel and incur unnecessary costs, especially in the absence of proper disclosure. The joint application for postponement should have been granted.

Court Disposition

appeal allowed

Orders

  • Order for six-day hearing set aside
  • Hearing postponed