United Kingdom Employment Appeal Tribunal

BAILII case number: [1993] UKEAT 484_93_2210

Appeal No. EAT/484/93

I N T E R N A L

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 22 October 1993

Before

HIS HONOUR JUDGE J BULL QC

MR D G DAVIES

MR D GRIEVES CBE

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AUTOMATIVE & FINANCIAL GROUP LTD          APPELLANTS

MR J CONNOLLY          RESPONDENT

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

For the Appellants MR I K WILSON

Solicitor

Messrs Dean-Wilson

96 Church Street

Brighton

BN1 1UJ

For the Respondent NO APPEARANCE BY OR

REPRESENTATION ON

BEHALF OF THE

RESPONDENT


 


JUDGE BULL QC: This is an Application by Mr Connolly which arises out of the withdrawal of proceedings before this Tribunal. Mr Connolly has not appeared here today. He seeks an Order for costs. We have read all the correspondence submitted to this Tribunal by the firm of solicitors instructed by him, Messrs Claude Hornby & Cox, including the latest letter which is dated 19 October 1993. We have listened to the summary of arguments succinctly presented by Mr Wilson on behalf of Dean-Wilson Company the firm who appear on behalf of Automotive & Financial Group.

The facts fall within a small compass. The Appellant, Mr Connolly, was employed latterly as the executive director for the Respondents large organisation who were in summary engaged in the retail selling of Nissan motorcars in the motor trade. Mr Connolly alleged wrongful dismissal. The date he put upon that was either 16 or 19 October 1992 and in consequence he brought proceedings both in the High Court serving the Writ and Statement of Claim on 1 December 1992 and also commencing proceedings in the Industrial Tribunal his application having been lodged initially on 3 December 1992. Notice of Appearance thereafter being entered on 13 January 1993 resisting that application.

On 5 May the Industrial Tribunal at Reading were invited to adjourn the proceedings before them. To that invitation they declined to assent and they adjourned for a date to be fixed for the resumption of the hearing. No date was fixed but on 22 June 1993 there was Notice of Appeal entered against that decision of the Industrial Tribunal. However, on 28 July some £17,590 we are told was paid into Court on behalf of Automotive & Financial Group and on 13 August Mr Connolly's solicitors gave notice of acceptance of that sum in the High Court proceedings.

There followed correspondence between the solicitors on both sides. Solicitors on behalf of the Automotive & Financial Group inviting their counterpart on behalf of Mr Connolly to withdraw the proceedings before the Industrial Tribunal. Those letters did not reach agreement between the parties. On 10 September 1993 Notice of Hearing was given. On 28 September 1993 there was notice withdrawing this appeal.

We have considered with great care all that has been submitted to us on behalf of Mr Connolly. We have equally considered with equal care, the arguments put before us by Mr Wilson. We have considered the authorities in this matter and it is our unanimous view that the right order in this matter be that there be no order as to costs, and we so rule.