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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Gorham v Secretary Of State [2000] UKEAT 1134_97_2311 (23 November 2000)
URL: http://www.bailii.org/uk/cases/UKEAT/2000/1134_97_2311.html
Cite as: [2000] UKEAT 1134_97_2311
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| At the Tribunal | |
Before
MR RECORDER BURKE QC
MISS C HOLROYD
MR P M SMITH
PHILLIP GORHAM APPELLANT
SECRETARY OF STATE RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
- This is an appeal in which the Employment Appeal Tribunal stayed the appeal pending the outcome of a Court of Appeal case as long ago as March 1998 because that Court of Appeal case was likely to affect the outcome of the appeal.
- The judgment of the Court of Appeal had appeared by the summer of 1999. Since then, a number of attempts have been made from the office of this Appeal Tribunal to discover whether the Appellant wishes to proceed or does not wish to proceed with this appeal.
- The latest of the communications was in September of this year when the Appellant was given notice that the hearing was going to be listed for today, was asked to say whether he was going to be present or not, and simply said, by way of response:
| For the Appellant | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT |
| For the Respondent | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE RESPONDENT |
MR RECORDER BURKE QC
"As far as I am aware, this has been settled"
It seems clear to us that the proper course to take in those circumstances is simply to strike this appeal out. If it should ever become live again in the minds of either of the parties, then no doubt whoever wants to make it live will make an application which will be treated on its merits when made.