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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Skidmore v Dartford & Gravesham NHS Trust [2001] EWCA Civ 870 (7 June 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/870.html
Cite as: [2001] EWCA Civ 870
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
Strand London WC2 |
||
B e f o r e :
LORD JUSTICE KEENE
____________________
| FREDERIC DAVID SKIDMORE | ||
| Appellant (Applicant) | ||
| -v- | ||
| DARTFORD AND GRAVESHAM NHS TRUST | ||
| Respondent |
____________________
Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
(Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
____________________
Crown Copyright ©
- LORD JUSTICE MUMMERY: We have decided to grant permission to appeal on a limited basis. Having heard the submissions of Mr Barnes QC elaborated, we think that his points on paragraphs 49 to 53 of the judgment given by Judge Reid QC on behalf of the Employment Appeal Tribunal warrant argument to the full court. There are properly arguable points about the procedure to be adopted in a case of this kind under the Health Circular. While granting permission is no guarantee of success on the appeal, this is a matter which should be more fully explored by the full court. It has implications beyond this particular case. It is an important matter.
- We are not satisfied, however, that there is any real prospect of the appeal succeeding on the grounds set out in section B of the draft notice of appeal relating to the fairness of the proceedings, specifically in relation to the actions of Mrs Dean in her letter of 16th September 1997 and the memorandum of Mr Andrews to the Appeal Board following the reserving of its decision. We do not grant permission to appeal on those grounds.
- The appeal will be limited to points made relating to the decisions of Mr Justice Bell, Mr Justice Garland and Mr Justice Lightman and the submissions on the proper approach to the Health Circular.