The Appellant's case, which has been before the ET for many years, with prolonged periods of inactivity and many procedural delays, was struck out by the ET. When the Appellant learnt that an expert who had supplied a Joint Expert Report in her case had recently been struck off, she appealed on the narrow ground of whether the striking out of her case could be said to have been properly granted if there was new evidence of irregularity at an early stage in proceedings.

The EAT held that the grounds of appeal did not permit it to make any order designed to explore whether the expert had conducted herself improperly in giving a report in the Appellant's case; and that, even if the issue of res noviter was properly before the EAT, it would not be appropriate to open up the circumstances in which the expert's report was furnished or the contents of the report. Accordingly, the appeal would be dismissed.