The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent’s solicitors. They now appealed against that refusal.
Held: The appeal succeeded. The chairman had failed to give adequate reasons for the refusal, and indeed the order should have been made. The papers were essential to the preparation of the company’s case, and the arrangement had left them unable to defend the calculation of the substantial claim.
Judges:
Keith J
Citations:
[2003] EAT 194 – 02 – 2703
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Buxton v Equinox Design Ltd EAT 19-Nov-1998
Where a tribunal had found unfair dismissal and was considering an award of damages for injury to feelings under the Disability Discrimination Act, it had to recognise the different needs of unlimited awards, and take great care in assessing factual . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – De Keyser Limited v Wilson EAT 20-Mar-2001
The claimant appealed against an order striking out her claim.
Held: The right to respect for private life is qualified by the right for both parties to have a just trial of the issues between them; and it has to be borne in mind that it was . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 June 2022; Ref: scu.189339