BLACKBURN WITH DARWEN BOROUGH COUNCIL v MRS M L DOCHERTY [2002] UKEAT 377_02_0811
[1]APPEARANCES For the Appellant MR P OLDHAM (of Counsel) Instructed by: Legal and Administrative Services Town Hall Blackburn BB! 7DY For the Respondent No appearance or representation by or on behalf of the Respondent HIS HONOUR JUDGE J ALTMAN This matter was going to be adjourned to be re-listed on a fixed date so that the Respondent can attend. It was in the Warned List. On 6 November the parties were notified, if not before, that the case was to be heard today; we are not sure of the exact date of notification but that will be recorded with the listing office here.[2]We have been told by Mr Oldham that on 6 November the Respondent's solicitors had a conversation with the Appellant's solicitors about the hearing. On 7 November the Respondent's solicitors wrote and complained of very short notice and other matters which are apparent on the record.[3]The reason we are giving this short Decision is so that we can record that at our request, the associate telephoned Ramsbottom & Co because no one appeared here at all, and no response was received by the Employment Appeal Tribunal to the letter sent on 7 November in reply to the Respondent's solicitor's letter to the Employment Appeal Tribunal.[4]The information, we understand, conveyed to the associate was that the Respondent's solicitors had not adverted to the fact that this case was in the Warned List and had not notified their clients until the case was listed and the practical difficulties of the Respondents being here was highlighted. They say that they have not come today because they did not think they could add to their letter which was requesting the case be taken out of the list. We have had a preliminary discussion with Mr Oldham, but in the event we have come to the conclusion that this appeal should be heard in full, and accordingly, it will be adjourned to be re-listed on a fixed date.[5]The question as to whether or not the Respondent's solicitors should pay the Appellant's costs thrown away today is reserved to the final hearing.