London Borough of Southwark v Jiminez: CA 8 Apr 2003

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.


Peter Gibson, Clarke LJJ, Richards J


[2003] EWCA Civ 502, Gazette 12-Jun-2003, [2003] IRLR 477, [2003] ICR 1176




England and Wales


LeaveLondon Borough of Southwark v Jiminez CA 31-Jul-2002
Renewed application for leave to appeal – granted on limited grounds . .

Cited by:

CitedWagner (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