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United Kingdom Case Law

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Tax law [2018] UKFTT 300 (TC)

Fox McMaster Surveyors Ltd & Anor v Revenue & Customs (PROCEDURE : Other)

Fox McMaster Surveyors Ltd & Anor v Revenue & Customs (PROCEDURE : Other) [2018] UKFTT 300 (TC) (11 June 2018)

The Tribunal refused an out-of-time application to reinstate an appeal, finding the delay unjustified, legal certainty important, and prejudice to HMRC.

  • Reinstatement of appeal
  • Out of time application
  • Rule 17 tribunal rules 2009
  • Legal certainty
  • Prejudice
  • Merits of appeal
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Employment law [2007] UKEAT 0203_07_2604

Compass Group UK and Ireland Ltd (t/a Scolarest Educational Foodservice) v. Wilson

Compass Group UK and Ireland Ltd (t/a Scolarest Educational Foodservice) v. Wilson [2007] UKEAT 0203_07_2604 (26 April 2007)

The Employment Appeal Tribunal allowed an appeal against refusal to review a late ET3, holding the tribunal gave inadequate reasons and failed to weigh prejudice properly.

  • Striking out
  • Extension of time
  • Interests of justice
  • Prejudice
  • Case management
  • Employment-law
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Employment law [2001] UKEAT 1474_00_0211

Amirthanayagam v. Insolvency Service

Amirthanayagam v. Insolvency Service [2001] UKEAT 1474_00_0211 (2 November 2001)

The Employment Appeal Tribunal refused a 1334-day-late appeal, finding no compelling excuse for delay and accepting that the respondent would be prejudiced.

  • Extension of time
  • Unfair dismissal
  • Appeal procedure
  • Prejudice to respondent
  • Medical incapacity
  • Extension-of-time
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Employment law [2001] UKEAT 0161_01_2610

Griffin v. Business Employment Services Training Ltd

Griffin v. Business Employment Services Training Ltd [2001] UKEAT 0161_01_2610 (26 October 2001)

The Employment Appeal Tribunal dismissed Ms Griffin’s appeal against strike-out of her disability discrimination claim for failure to comply with directions.

  • Strike out of claim
  • Non-compliance with tribunal directions
  • Prejudice
  • Right to fair trial
  • Employment-tribunal-procedure
  • Strike-out
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Employment law [1998] UKEAT 194_98_1302

Prison Service v Thompson

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

The Employment Appeal Tribunal allowed the Prison Service’s appeal, holding that time should have been extended for a late Notice of Appearance and that costs could cure any prejudice.

  • Extension of time
  • Notice of appearance
  • Prejudice
  • Costs
  • Procedural fairness
  • Extension-of-time
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Civil procedure [1995] UKEAT 312_95_2009

Secretary Of State For Employment v Etten & Anor

Secretary Of State For Employment v Etten & Anor [1995] UKEAT 312_95_2009 (20 September 1995)

The Employment Appeal Tribunal granted an adjournment pending the Court of Appeal’s decision in McMeechan, holding that certainty of law outweighed any modest prejudice.

  • Adjournment
  • Prejudice
  • Pending appeal
  • Pending-appeal
  • Civil-procedure
  • Employment-appeal-tribunal
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