COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
THE HON MR JUSTICE EADY
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE SMITH
LORD JUSTICE AIKENS
| SHAUN BRADY
|- and -
Mr Jonathan Crystal (instructed by Thompsons Solicitors) for the Respondent
Hearing date: 19th January 2011
Crown Copyright ©
President of the Queen's Bench Division:
"… the facts are, Conference, that the General Secretary was involved in a fight; the General Secretary was forging cheques and it is a matter of opinion – you can draw whatever opinion you like – as to whether his actions in the media brought the Union into disrepute. What you cannot possibly walk away from is that he was involved in a fight with the then President, and he forged cheques. You cannot get away from that. That is the situation. Unfortunately, because the Union did not get it right, he won his tribunal on the basis of unfair dismissal, on the basis that he was dismissed, believedly by the tribunal, for reasons other than that put forward by the employer."
"ASLEF conference delegates declined to debate a proposition calling for former General Secretary Mr Brady to address Conference, coupled to efforts to consider his reinstatement. They felt it was pointless to discuss "a past era". One compelling reason was that the Certification Officer had ruled the previous week that Mr Brady had legitimately been excluded from ASLEF membership for bringing the Union into disrepute. …"
This action was tried before Mr Richard Parkes QC and a jury, which awarded Mr Brady £30,000 on 6th October 2008. He also recovered his costs on an indemnity basis. Although the transcript of the proceedings of 5th June 2006 was disclosed during that libel action, the passage relied on in the present proceedings was not spotted at the time. As we have already noted, the Master and Eady J both made assumptions that Mr Brady did not acquire actual knowledge of that passage until September 2008.