‘The central issue on this appeal is whether the Employment Tribunal was correct to order on a preliminary hearing that two paragraphs of the disability discrimination and victimisation claim of the respondent should be struck out on the ground that they referred to respectively an email and a conversation in respect of which Shell is entitled to claim legal advice privilege’
A grant of anonymity in a lower court is not binding on the court of appeal and application must be made for a further order, and: ‘due to the importance of the principle of open justice it will usually only be in an exceptional case, established on clear and cogent grounds, that derogation from the principle of open justice (including the freedom to publish court proceedings) will be justified; and, in such a case, the derogation must be no more than strictly necessary to achieve its purpose. There is no general exception to open justice where privacy or confidentiality are in issue.’
Judges:
Sir Terence Etherton MR, Lord Justice Lewison and Lord Justice Bean
Citations:
[2019] EWCA Civ 1710, [2020] ICR 431, [2019] WLR(D) 578
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Nwabueze v University of Law Ltd and Others CA 13-Nov-2020
No ET Jurisdiction for Non-employment claim
The claimant appealed against rejection of her claim for discrimination which she had brought in the Employment Tribunal rather than the County Court.
Held: The appeal failed: ‘if a body is a governing body of a university this displaces its . .
Lists of cited by and citing cases may be incomplete.
Employment, Litigation Practice
Updated: 27 April 2022; Ref: scu.642666
