To Withdraw or Set Aside?

Withdrawal Of Application - Can It Be Set Aside?
Khan v Heywood & Middleton Primary Care Trust
[2006] EWCA Civ 1087
CA
27 July 2006
Daily Law Notes Summary
Claimant withdrew his employment tribunal discrimination
application to enable him to proceed in county court.  The clai
was not though dismissed (even though it could have been.) New
lawyers said this withdrawal was wrong.  The Tribunal refused to
allow the withdrawal to be set aside.  The CA approved but said
"that did not preclude a fresh claim on the same facts if there
was no dismissal."

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