General Council of the Bar v Miriki: CA 21 Dec 2001

The applicant claimed that the respondent Council had discriminated against her. After complicated applications, leave to appeal was granted on limited grounds, but on appeal the applicant had been allowed to extend that appeal.
Held: An appeal tribunal might use its case management powers to allow limited departure from the permitted grounds of appeal, only provided the point had been raised before, he had explained why he did not appeal against the limitation, the respondent had full opportunity to argue against that departure, and the court explained its reasoning for allowing that departure. Those conditions had not been met in this case.

Judges:

Lord Justice Peter Gibson, Lady Justice Arden, And, Mr Justice Morland

Citations:

Times 22-Jan-2002, [2001] EWCA Civ 1973, [2002] ICR 505

Links:

Bailii

Statutes:

Employment Tribunal Act 1996 30(3), Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001

Jurisdiction:

England and Wales

Citing:

Appeal fromM Miriki v the General Council of the Bar EAT 4-Dec-2000
EAT Unfair Dismissal – Procedural Fairness . .

Cited by:

Appealed toM Miriki v the General Council of the Bar EAT 4-Dec-2000
EAT Unfair Dismissal – Procedural Fairness . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 05 June 2022; Ref: scu.167209