The President of the EAT delivered a judgment in the joined cases of Grogan v Williams Motor Co and Smith v Macmillan Cancer Support dealing, for the first time on the EAT’s powers to strike out claims. It was determined that despite no specific rule providing for the ability to strike out in the EAT, it nevertheless has this power. The President, having reserved the cases to himself, makes reference to the consultation process on the forthcoming EAT rules, and came to the determination on the EAT rules following a general survey of powers under the CPR and in respect of tribunals other than the EAT. He also gave guidance on the correct approach to be followed when striking cases out in the EAT. Adam Solomon successfully represented the Respondent, Macmillan Cancer Support, and was instructed by Simmons & Simmons LLP. Click here for a copy of the judgment.
