Wednesday 15 March 2023
By Appellant’s Notice filed on 10/10/22 the Claimant appeals against the order of the Employment Appeals Tribunal dated 1/8/22 that the C’s appeal be dismissed.
The C sought to appeal the ET’s decision of 8/1/20 that C’s claim, presented to the ET without leave of the High Court having been obtained as required by a Civil proceedings order made on 16/7/92, was a nullity and the ET had no jurisdiction to determine the claim.
The issue is whether proceedings brought in breach of a CPO are effective and subject to the ordinary powers of the Court or Tribunal to stay or strike out or whether the bringing of such a claim is of no effect and the proceedings are a nullity.
The C submits that the interests of the Court and Respondents are fully served by the ability of the Court/Tribunal to strike out or stay proceedings: there is no need to treat the claim as a nullity and doing so offends the overriding objective.