Harkins v Marks & Spencer Plc: [2026] EAT 70
Short judgment considering the very limited circumstances in which a respondent might make submissions at a Rule 3(10) Hearing
Counsel for the respondent had submitted a skeleton argument as part of their response to a Rule 3(10) hearing.
In this short judgment HHJ Tayler makes the point that such a hearing is not to be used as a 'dress rehearsal' for the full hearing stating at [14-15]:
*14. Save in exceptional circumstances, a respondent should not seek to make any submissions in respect of a Rule 3(10) application.
- If it were thought at the sift stage that the involvement of the respondent would assist a Preliminary Hearing would have been fixed at which the respondent could submit a brief written submission designed only to establish that there are no reasonable grounds of appeal (in respect of some or all of the grounds of appeal set out in the Notice of Appeal). Very occasionally, respondents are permitted to attend Preliminary Hearings and make oral submissions. That would be provided for in the Order fixing the Preliminary Hearing. *
Published: 03/06/2026 13:48