Chumbu v The Disabilities Trust successfully resisted appeal

Cloisters’ Paul Michell

In Chumbu v The Disabilities Trust, Paul Michell acted on a direct access basis on behalf of the Respondent and successfully resisted an appeal of the Employment Tribunal’s (ET) refusal to set aside an unless order and grant relief from sanction.

The Claimant’s earlier ET claims had been dismissed due to failure to comply with an unless order requiring him to (1) serve his witness statement, and (2) pay the sum awarded against him by way of a costs order.

The EAT held that although it was not appropriate for the ET to refuse relief from sanction in relation to non-payment of the costs order, the Claimant’s intentional non-compliance with the order to serve his witness statement meant that his claim was in any event properly struck out, and the appeal therefore ought to be dismissed.

The judgment can be found here.

Paul Michell specialises in commercial and employment law. He’s recommended by Who’s Who Legal 2024, and ranked as a first-class advocate by the Legal 500 and Chambers & Partners directories.