1st February, 2021

Assunta Del Priore acted for the successful respondent in Riann Duvenage v NSL Ltd, UKEATS/0002/20/SS before the Scottish EAT

Assunta Del Priore acted for the successful respondent in Riann Duvenage v NSL Ltd, UKEATS/0002/20/SS before the Scottish EAT, Lord Fairley presiding.

Does a party bringing a strike-out application in the Employment Tribunal have a right to elect an oral hearing of the application?

It is clear under the ET Rules 2013 that the party on the receiving end of a strike-out application has the right to elect an oral hearing of the application (Rule 37).  Such a hearing must be in public (Rule 56).  This case concerns whether there are circumstances in which the party bringing the application has the right to elect an oral hearing. 

The Tribunal below had decided Mr Duvenage’s strike-out application against the Respondent on the papers.   On appeal, he argued that the effect of Rule 37(2)  of the ET Rules 2013, read together with Rules 53 and 56, was that he was entitled as of right, upon request, to an oral hearing of his application to strike out the Respondent’s ET3.  He argued that A6 of the ECHR was engaged, and that the Tribunal below had acted in breach of it.  In finding for the Respondent on this appeal, Lord Fairley considered the application of the ET Rules to the facts of this case.  He examined the issues in light of Convention and Common Law principles, including the right to a fair trial and the requirements of open justice.



Latest News...

Court of Appeal finds for Claimants in Landmark Motor Finance / Secret Commission Judgment. Greg Lawton of 9SJS Business and Property team comments.

29th October, 2024
A landmark judgment in three motor finance claims is likely to have a significant impact on consumer finance in the motor industry, credit broking more widely, and on cases involving the payment of secret commissions / bribes.

Further Ranking Success for 9 St John Street in Chambers UK Bar Directory 2025

18th October, 2024
9 St John Street Chambers are delighted to announce we have received further recognition in the Chambers UK Bar Guide 2025. Our Employment, Personal Injury, Crime, Family, Real Estate Litigation, and Chancery teams have been acknowledged as leading sets within the Northern Circuit.

Chambers UK Bar 2025 Listings for 9 St John Street

18th October, 2024
Following the release of the 2025 edition of Chambers UK Bar, with an outstanding amount of 29 individual rankings, our barristers continue to be recognised as leaders in their field across a wide range of practice areas.