MISS K V GENDA v MANSFIELD INTERNATIONAL LTD [2002] UKEAT 1307_00_1803
[1]APPEARANCES For the Appellant No appearance or representation by or on behalf of the Appellant For the Respondent No appearance or representation by or on behalf of the Respondent MR JUSTICE LINDSAY (PRESIDENT) What we have here is a Notice of Appeal of 4 July 2000 by Miss Genda, in the matter Genda -v- Mansfield International Ltd . There has been no preliminary hearing because the matter was sent to go forward directly to a full hearing by way of the fast sift process.[2]The Notice of Appeal was settled by Sherwin Oliver, Solicitors, and on 13 March, a few days ago in other words, the Employment Appeal Tribunal received a telephone call from those solicitors indicating that they were no longer acting on Miss Genda's behalf, and a letter was written to Miss Genda accordingly, asking whether she would confirm whether she wished to pursue her appeal or withdraw it.[3]We have an even more recent exchange of letters or faxes because very recently, received on 17 March, Miss Genda sent in a note to say that she did not intend to be present at the hearing. She sent a letter on 17 March also which referred to an earlier letter she claims to have sent, but which seems not to have been received here. She says: "I am surprised this is still going on" and, indeed, so are we if she had written and sent that earlier letter, of 2 September because in that letter she pointed out that Mansfield International Ltd had gone into compulsory liquidation and that she therefore did not see any chance of getting a new hearing against them. She said that she had taken the advice of her solicitors and had agreed not to pursue this case as it would, she said, be pointless and a waste of the Tribunal's time. We can only regret that the letter seems not to have been received here.[4]Well, as we have said, that is the most recent exchange; we have heard nothing today indicating any wish by Miss Genda to pursue the appeal. We can only share her pragmatic view that it would be pointless and so we dismiss the appeal at this hearing.