Anirah v Employment Appeal Tribunal

Where applications have already been adjourned and further delay would prejudice ongoing proceedings, the court may grant one further adjournment while making clear that it is final. It may direct that the applications be determined at the next available listing whether or not the applicant attends or obtains representation. The court should balance fairness to the applicant with fairness to the other party and the need to prevent continuing stress and delay.

Helen Anirah made two applications in matters where an appeal had already taken place. One application had previously been adjourned twice and the other once. One concerned ongoing proceedings, which were being delayed pending determination of the application. The central procedural issue was whether another adjournment should be granted and, if so, how the applications should thereafter be managed.

1. One further adjournment. Lady Justice Hale granted one additional adjournment. She considered that further delay would be unfair to the other party, particularly because one application related to ongoing proceedings.
2. Final listing. The applications were to be listed on the first available date in October and determined at that hearing. The judge stated that no further adjournments would be granted.
3. Attendance and representation. The applications would proceed whether or not Mrs Anirah was able to attend or be represented. The direction was intended to secure a fair and conclusive determination while recognising that continuing the process was causing her further stress.

• Court of Appeal (Civil Division): The heading states that the matter was on appeal from the Immigration Appeal Tribunal. On 9 July 2002, Lady Justice Hale granted one further, final adjournment and directed that the applications proceed at the next available listing. No citation for the decision below is stated.