04.02.2012
In one of his first cases as EAT President Langstaff J. recently accepted John’s arguments in Blazevic v Hayashibara International Inc. UKEATPA/0738/11/CEA that permission should not be granted to consider an appeal brought out of time purportedly on the basis of technological failings.
The very unusual aspect of this case was that the new President made a significant order of costs having made express findings that he was “very doubtful that the information given to me was correct”, he was “suspicious” about the evidence provided and had “no confidence in the explanation” offered by the Appellant.
John has now obtained substantial costs orders at both first instance and on appeal in this case.
He was instructed by Alex Denny (Partner) and Victoria Pengelly (Associate) of Faegre Benson Daniels.
A few days later, in one of his last reserved judgments as EAT President, Underhill J also agreed with John’s submissions in Odukwe v Partners of Hoare Lea Consulting Engineers UKEATPA/1357/10/SM; a complex appeal concerning the interplay between the now defunct statutory dispute resolution procedures and “continuing acts” of discrimination. John was opposed by Counsel at 11 King’s Bench Walk.
John was instructed by Nicholas Hadaway (Partner) and Hester Briant (Associate) of Lewis Silkin LLP.
The latter judgment has been reported on Lawtel and is now publically available at http://www.employmentappeals.gov.uk/Public/Upload/10_0547rjfhSBSM.doc