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Riniker v City & Islington College Corporation - Review judgment cannot be appealed by amending appeal against original judgment [2010] EAT

Any appeal against a review judgment should usually be made as a separate appeal in its own right, and not by way of an application to amend an appeal against the original judgment so as to include it. Furthermore, if an extension of time to make such a separate appeal has been refused, an extension of time will not then be granted instead to amend the original appeal - that would be to allow the matter to be re-litigated.

After many years employment at City & Islington college teaching German, Ursula Riniker was dismissed, apparently for gross misconduct. She challenged her dismissal on a number of grounds at an employment tribunal, which gave directions as is commonplace. After numerous failures by Ms Riniker to comply with orders that she disclose documents, serve a schedule of loss etc, an Employment Judge (EJ) made an Unless Order that she do so or face strike out. Ms Riniker still did not comply, but instead, on the deadline day, sent a letter to the tribunal complaining about, and seeking to vary, the Unless Order. The EJ addressed her various complaints (and dismissed them) in a judgment confirming that, as specified in the Unless Order, the claim was struck out for non-compliance. Ms Riniker sought a review of this "original judgment". The same EJ considered the application and gave a detailed judgment refusing the application (the "review judgment").

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