IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BRISTOL MERCANTILE COURT
(His Honour Judge Weeks eks QC,
sitting as a Judge of the High Court)
The Strand London Tuesday 24 April 2001 |
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B e f o r e :
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GORDON BAIN | ||
Claimant/Respondent | ||
and: | ||
ABBEY LIFE ASSURANCE COMPANY LIMITED | ||
Defendant/Applicant |
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appeared on behalf of the Applicant
The Respondent did not appear and was not represented
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Crown Copyright ©
Tuesday 24 April 2001
"That is a matter, I think, for the trial judge on all the evidence before him and it would be wrong for me to give a ruling in advance of the evidence submitted to him. However convenient it might be for the parties to know their position in advance, it is a matter for them to consider what evidence is going to be relevant at the trial and for the judge to rule on the admissible evidence before him whether or not the defendant should have taken the action which was, in fact, taken and for the giver of the reference to have considered any particular point in giving the reference. . . I cannot rule out circumstances in which it might be incumbent on the giver of the reference to consider the procedures which were taken in relation to the disciplinary action which was noted on Mr Bain's records."