At the Tribunal | |
Before
HIS HONOUR JUDGE REID QC
(SITTING ALONE)
T/A SCOLARES EDUCATIONAL FOODSERVICET |
APPELLANT |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Before :
APPEARANCES
For the Appellant | Mr David Massarella (of Counsel) Instructed by: Messrs Richard Hutchinson & Co Solicitors 9 College Street Nottingham NG1 5AQ |
For the Respondent | No appearance or representation by or on behalf of the Respondent |
SUMMARY
Practice and Procedure – Striking out/dismissal
Appellant failed to put in ET3 in time and was debarred from defending. On review, the Chairman gave no reasons as to why the balance of prejudice and the interests of justice were "not served by granting the review."
Held: the decision was not Meek compliant. Following D & H Travel v Foster the purpose of the sanction was not punishment but to achieve the overriding objective of dealing with cases justly. In the absence of any indication of real prejudice to the Respondent and there being an arguable defence to the claim, the appeal would be allowed and the Appellant's ET3 accepted out of time.
HIS HONOUR JUDGE REID QC