1) MR E KAHLANI 2) MR I KAHLANI v GARDEN CITY BAKERY LTD [2001] UKEAT 0941_99_0910
[1]APPEARANCES For the Appellant APPELLANT NEITHER PRESENT NOR REPRESENTED For the Respondent RESPONDENT NEITHER PRESENT NOR REPRESENTED JUDGE REID QC On this matter where there is no appearance the hearing of the appeal was adjourned for a period of three months to allow the Kahlanis the opportunity of applying to the High Court for leave to continue with the appeal. Garden City Bakery Ltd, having become insolvent, no leave to pursue the claim appeal had been sought or given pursuant to section 11 of the Insolvency Act 1986.[2]The Appellants have now had very ample opportunity to apply to the High Court for leave to pursue the matter. They have not done so. In the circumstances we take the view that it is appropriate at this stage to strike out the appeal. That of course will leave the unresolved issue of remedy in the Employment Tribunal. If the Appellants wish to pursue that matter in the Employment Tribunal they will no doubt take such further necessary steps as they are advised. So far as the appeal is concerned it is struck out.