27 July 2009
Haritaki v South East England Development Agency [2008] IRLR 945 (EAT)
Pursuant to r 3 of the EAT Rules, if a judge decides that a notice of appeal discloses no reasonable grounds for bringing the appeal, the litigant has the options of lodging a new notice of appeal, usually to the same judge; or to apply for an oral hearing, usually before a different judge. These options are not mutually exclusive, in that a fresh notice of appeal can be put in if an oral hearing is unsuccessful, or an oral hearing can be requested if a fresh notice of appeal is unsuccessful.
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