These are long-running proceedings involving several appeals. In this one, the EAT had ruled, under r3(7), that the claimant's substantive appeal had no prospect of success. The claimant requested a r3(10) hearing but was out of time so that was refused and she appealed again.

HHJ Auerbach refuses the appeal partly as, despite the claimant's acknowledged ill-health and other pressures, she should have known she had to respond given her experience in the employment tribunal, and partly as the underlying substantive appeal, though not always of relevance in making a decision, had little prospect of success.