EAT Practice and Procedure: Disclosure, Costs and Disposal of Appeal
Appeal against interlocutory orders by ET Chairman debarring reliance on some disclosed documents and ordering costs against the Appellant: and restoration of earlier adjourned application for Review of the decision by the EAT, when allowing the original appeal, to remit the appeal to the same Tribunal. Appeal allowed in respect of debarring order and costs: order was flawed as being in substitution for an earlier order which should plainly not have been granted and as made without consideration of the correct legal approach to prejudice caused by late disclosure, in terms of effect on a fair trial and prejudice caused by debarring the evidence: costs order made in respect of the hearing could not be justified on grounds of unreasonable conduct by the Appellant, but was due to the need to revoke the earlier inappropriate order.
On the restored application for Review, order reviewed so as to remit the appeal to a freshly-constituted Tribunal, on the grounds that the Sinclair Roche requirements for the exceptional step of remitting to the same Tribunal were not, in the light of subsequent events, now satisfied.
Judges:
The Honourable Mr Justice Burton (President)
Citations:
UKEAT/0637/05, [2005] UKEAT 0637 – 05 – 2111
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Sinclair Roche and Temperley and others v Heard and Another EAT 22-Jul-2004
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
See Also – Sinclair Roche and Temperley (A Firm) v Heard, Fellows EAT 12-Apr-2005
EAT Practice and Procedure
Employment Tribunal Chairman, after a Case Management and Directions Hearing to delineate issues and set timetable for May hearing, delayed for three months before delivering . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 04 July 2022; Ref: scu.236495