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Abusabib & Anor v Taddese - Sanctions against unless order in EAT [2012] EAT

A failure to comply with an Unless Order of the EAT requires the defaulting party to make an application for relief from sanctions; when considering the application, the EAT should consider CPR 3.9 and the overriding objective.

Mr and Mrs Abusabib ("A") claimed that they had not received the ET1 entered by Miss Taddese ("T"), and that this had resulted in judgment being entered against them in the sum of £70,000 for breaches of the National Minimum Wage Act, and Race Discrimination. An appeal was lodged, asserting that A had diplomatic immunity, either as a diplomat assigned to the Court of St James, or the Sudanese mission to the United Nations. The Registrar had required A to file a draft ET3 under Practice Direction 16. None was filed, and an Unless order made. A failed to comply with the Unless order and the Registrar refused to grant relief from sanctions.

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