Viking Trailers Ltd v Walker [1997] UKEAT 654_97_1706 (17 June 1997)
The Chairman's refusal to order further and better particulars was perverse and erroneous in law, as the respondent could not reasonably prepare its defence without knowing the specific allegations. The case was not adequately pleaded, and justice required the applicant to provide particulars before the hearing.
- Citation
- [1997] UKEAT 654_97_1706
- Parties
- Appellant: Viking Trailers Ltd; Respondent: Mr Walker
- Jurisdiction
- United Kingdom
- Judgment Date
- 17 June 1997
- Procedural Posture
- Interlocutory Appeal / Appeal Against Refusal to Order Further and Better Particulars
- Outcome
- appeal allowed
- Legal Topics
- Constructive Dismissal, Pleadings, Further and Better Particulars, Health and Safety
Case Brief
Summary, issues, holding and outcome
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Parties
Viking Trailers Ltd
Appellant
Mr Walker
Respondent
Procedural Posture
Interlocutory Appeal / Appeal Against Refusal to Order Further and Better Particulars
Legal Issues
- 1 Whether the Chairman erred in refusing to order further and better particulars of the Originating Application
- 2 Whether the case was adequately pleaded for the respondent to prepare its defence
Ratio Decidendi
The Chairman's refusal to order further and better particulars was perverse and erroneous in law, as the respondent could not reasonably prepare its defence without knowing the specific allegations. The case was not adequately pleaded, and justice required the applicant to provide particulars before the hearing.
Court Disposition
appeal allowed
Orders
- Chairman's order refusing further and better particulars set aside
- Hearing date of 20th June 1997 vacated
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