Abusabib & Anor v Taddese - Relief from sanctions in the EAT [2011] EAT

The EAT has jurisdiction to grant "relief from sanctions" such as automatic dismissal of appeal on failure to comply with an unless order. When considering such an application for relief, the elements set out in CPR 3.9 must be taken into consideration and the decision made in the context of those criteria - this is different to the ET where there is no such mandatory requirement to consider CPR 3.9.

Miss Tadese, the Abusabibs' former domestic servant, brought a number of claims of discrimination and harassment in the Employment Tribunal. These claims were heard in the Respondents' absence and succeeded, with Miss Tadese being awarded about £70,000 compensation. The Abusabibs, who were representatives of the Sudanese Government, (i) applied for a review on the basis that the proceedings had not been served on them and (ii) appealed arguing that they had "diplomatic status" which in any event gave them immunity from suit.

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