The appellant authority complained that the tribunal had expressed its view strongly before hearing the evidence and had so demonstrated that its mind was closed.
Held: There was no inevitability that a strongly expressed conditional view amounted to a pre-judgement or a closed mind. Nevertheless a tribunal expressing a view would be well advised to make it quite clear that the view was preliminary only. The more trenchant the view expressed the greater the need for clarity.
Judges:
Peter Gibson, Clarke LJJ, Richards J
Citations:
[2003] EWCA Civ 502, Gazette 12-Jun-2003, [2003] IRLR 477, [2003] ICR 1176
Links:
Jurisdiction:
England and Wales
Citing:
Leave – London Borough of Southwark v Jiminez CA 31-Jul-2002
Renewed application for leave to appeal – granted on limited grounds . .
Cited by:
Cited – Wagner (Advocates’ Conduct – Fair Hearing) UTIAC 6-Nov-2015
UTIAC (i) Legitimate advocacy does not extend to aggressive questioning of, or confrontation with, a party or witness. The Tribunal should intervene where this occurs.
(ii) Similarly, mere comments by an . .
Lists of cited by and citing cases may be incomplete.
Employment, Natural Justice
Updated: 07 June 2022; Ref: scu.181174