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Striking Out Claims

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[Thanks to Martin Fodder of Littleton Chambers, who appeared for the successful Appellant. Martin Fodder appears today at 2pm speaking on Update on Transfers of Undertakings in a live internet webinar.]

The EAT has handed down its decision in Neary v St Albans' Girls High School. It is authority for the following propositions:-

  • in deciding whether to review a strike-out, an employment judge should consider the factors listed in CPR 3.9 ('Relief from Sanctions')
  • but if the judge fails to mention all nine factors in CPR 3.9 in his judgment, the decision will not be appealable unless the omission is relevant to the facts of the case. A mere failure to mention the factors is not correctable on appeal (para. 34)