Appeal against case management decision refusing to exclude evidence of an employment tribunal decision but not admitting its findings of fact.
Rule 15(2) – admitting and excluding evidence – subject to overriding objective – permissible to bypass the question whether the evidence would be admissible in a civil trial.
Argument that judge misdirected herself – important to distinguish language used in a direction and language used in explaining how the tribunal implement the direction.
Danger of taking expressions such as `stand in the shoes’ of the decision-maker too literally.
Citations:
[2021] UKUT 20 (AAC)
Links:
Jurisdiction:
England and Wales
Evidence
Updated: 11 October 2022; Ref: scu.659500
