At the Tribunal | |
Before
HIS HONOUR JUDGE D PUGSLEY
LORD DAVIES OF COITY CBE
MR B M WARMAN
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR OGUNNOWO (Solicitor) Messrs Chiltons Solicitors Refuge House 9-10 River Front Enfield EN1 3SZ |
For the Respondent | MISS L SEYMOUR (of Counsel) Messrs Pictons Keystone 60 London Road St Albans Herts AL1 1NG |
HIS HONOUR JUDGE D PUGSLEY
"He would be unable to attend the hearing this morning as he is sick (suffering from hay fever). He had tried to contact the Applicant and the Respondents' representative but was unsuccessful. He will fax his reason for not being able to attend later."
The Applicant himself did not attend nor was a fax sent. The Tribunal clerk attempted to telephone the Applicant's representative's firm and was told by the telephone operator that there was no one at the office at the time, it was 10.25am. No fax had been received from Mr Ogunnowo or his office. At 10.51am the Tribunal struck his decision out. They did so pursuant to Rule 9.
" the Applicant, both personally and by his representative, has acted unreasonably in failing to attend today's hearing."
We accept Miss Seymour's suggestion that we should not see as part of the finding of the striking out the conclusion that they had acted unreasonably in failing to attend because that was made in relation to the costs hearing which was, first, that there was a decision to strike out and only later did she apply for costs.