MR D SYLVESTER v WOOLACOMBE BAY HOLIDAY PARCS [2002] UKEAT 591_00_2908
[1]APPEARANCES For the Appellant MR CYRIL ADJEI (of Counsel) Instructed By: Messrs Nash & Co Solicitors Beaumont House Beaumont Park Plymouth Devon PL4 9BD JUDGE D SEROTA QC : Mr Adjei, our provisional view is that your application to amend the Notice of Appeal is really far too late. It is over two years late and there is no explanation given as to why it was not raised at an earlier stage.[2]In those circumstances our provisional view would have been to disallow that amendment. However, as we have come to the conclusion that the crucial issue in the case is going to be determined by the House of Lords in February 2003 and we have already agreed that it is appropriate that the preliminary hearing of the appeal should be stayed until 15 March 2003.[3]It seems to us best and most appropriate that the decision as to whether the amendment you seek to make should be considered after the House of Lords has determined the Secretary of State for Defence v MacDonald case and, possibly, Pearce v Mayfield Secondary School as well, if that is conjoined. We understand that these decisions are likely to have been determined by 15 March 2003. If the decisions are still outstanding the EAT will consider what steps to take on 15 March 2003.