A court or tribunal may properly admit relevant evidence even where it has been gathered in breach of an Article 8 right to ‘privacy’ where to do so is adjudged to be necessary in order to secure a ‘fair’ hearing as required by both the common law and Article 6 of the convention.
Judges:
The Honourable Lord Johnston
Citations:
EATS/0007/04, [2004] UKEAT 0007 – 04 – 2309
Links:
Jurisdiction:
Scotland
Cited by:
Cited – Amwell View School v Dogherty EAT 15-Sep-2006
amwell_dogherty
The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, . .
Lists of cited by and citing cases may be incomplete.
Employment, Human Rights
Updated: 27 June 2022; Ref: scu.219738