At the Tribunal | |
Before
The Hon. Mr. Justice ARNOLD
Mr. M. L. Clement-Jones
Mr. S. C. Marley
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
APPEARANCES
For the Appellant | Mr Richard GIBBS Instructed by J. H. Powell & Co |
For the Respondent | Derrick Turriff Instructed by City Solicitor, Derby |
"These appellants, by never taking the point, in my judgment completely waived it, and I would not allow them and do not allow them to raise the point for the first time in this court."
"From the way in which the cases are stated it is apparent that it was not contended before the tribunal that the offer in question was not sufficiently specific, and the only issue was whether it was an offer of suitable employment. Consequently, we have not before us - and quite rightly have not before us - the full statement of the circumstances in regard to specification of the particulars of the offer which would otherwise have been set forth in the case."
Then they deal the matter on the merits and continue, at p. 235:
"The full circumstances are not set out and it would be unjust for us to proceed on a matter not properly argued in the court below and not therefore fully stated in the case which comes to us. These cases are appeals brought in relation to specific issues argued in the court below and can therefore relate only to the matters which have been litigated in the court below."
"Whether or not it is correct that there is some difference in the scope of appeal provided by the respective Acts, it is sufficient to say that, in our judgment, it would be unjust to allow new points to be raised on appeal which could have been, but were not, raised by either party before the tribunal and which formed no part of the tribunal's reasoning."