Application for leave to appeal. The respondent had said that the EAT had erred in overturning the tribunal chair’s decision not to issue witness summonses.
Held: Leave was granted.
Citations:
[1997] EWCA Civ 2795
Jurisdiction:
England and Wales
Citing:
Appeal from – Noorani v Merseyside TEC Ltd EAT 17-Jun-1997
The claimant appealed against the dismissal of his complaint of race discrimination saying that the tribunal had erred in not issuing a witness summons. The tribunal had said that the potential evidence was not relevant.
Held: There had been . .
Cited – Dada v Metal Box Co Ltd NIRC 1974
Sir John Donaldson sets out the considerations when a witness order is sought in an employment dispute before the court. He said: ‘We are quite clear that tribunals have a discretion in deciding whether or not to issue witness orders. There is no . .
Cited by:
Leave to appeal – Noorani v Merseyside TEC Limited CA 19-Oct-1998
The claimant had claimed race discrimination. The tribunal declined to order the issue of witness summonses. The EAT overturned that decision on the basis that the tribunal had not recognised that it had a discretion to issue the summonses, and had . .
See Also – Noorani v Merseyside TEC Limited EAT 21-Apr-1999
A tribunal’s discretion not to grant witness summonses because the witnesses appeared to be only of limited relevance was not to be interfered with, save where it was unreasonable. A tribunal can always act to remedy the refusal later if this . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 29 May 2022; Ref: scu.143194
