Yell Ltd v Garton

Legal advisers have a professional obligation to alert the court as soon as they know that a listed appeal has settled or is likely to become ineffective. The obligation supports the overriding objective by preventing avoidable expenditure of judicial time and court resources. Notification should be given while the court office is open where possible. If settlement occurs late, reasonable steps should still be taken to contact the court through available out-of-hours channels.

An appeal from the Employment Appeal Tribunal was listed for a hearing lasting up to two days. The parties reached agreement late on the Friday before the hearing, but the court was not informed until 9.00 am on the Monday. Counsel and their clerks had notified their respective offices but had not contacted the Civil Appeals Office or the court out of hours. The Court of Appeal considered the professional obligation to notify the court of settlement or likely settlement, accepted the advocates’ apologies, and dealt with the agreed withdrawal of the appeal.

1. The appeal was withdrawn by consent after the necessary procedure for compromise under the Employment Rights Act 1996 and the Disability Discrimination Act 1995 had been pursued.
2. There is a professional obligation on those advising parties to litigation to notify the court as soon as possible where judicial time may be wasted preparing for an appeal that has been settled or is subject to negotiations likely to lead to settlement.
3. The obligation reflects the duty under CPR 1.3 to assist the court in achieving the overriding objective, including the appropriate use of court resources. The approach in Tasyurdu v Secretary of State for the Home Department [2003] EWCA Civ 447 was endorsed and applied.
4. Notification should be made through the available channels, including the Civil Appeals Office while open and, where necessary, the Royal Courts of Justice switchboard or the judges’ clerks. The court accepted both counsel’s apologies. There was no order for costs, save for assessment of the respondent’s costs under the Community Legal Service (Costs) Regulations 2000.

• Court of Appeal (Civil Division): The appeal was withdrawn by consent after the necessary compromise procedure had been pursued. No order for costs was made apart from assessment of the respondent’s costs under the Community Legal Service (Costs) Regulations 2000.
• Employment Appeal Tribunal: The appeal was brought from that tribunal; its decision and citation are not stated in the judgment.