At the Tribunal | |
Before
HIS HONOUR JUDGE N BUTTER QC
MR D A C LAMBERT
MR J A SCOULLER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | IN PERSON |
JUDGE N BUTTER QC: This is listed as the preliminary hearing of an appeal. The Appellant, who appears in person, makes a number of serious allegations against the Tribunal of bias. They are set out in the very extensive grounds of appeal.
The Chairman and Members of the Industrial Tribunal have had the opportunity of commenting on that Notice of Appeal which is identified by an affidavit which the Appellant has sworn, but they have not chosen to make any comment. They are not, as a matter of law, required to do so, but having heard argument today from the Appellant we formally request the Chairman to deal with certain parts of the grounds of appeal In particular, those at page 1 of the grounds, commencing with the words "at the outset" and towards the end of the grounds on page 14 comments which are said to have been made by the Chairman of the Tribunal before it actually reached its decision in relation to the question of fraud.
In addition we are told that Mr Potts, who represented the Appellant, may be willing to provide an affidavit and accordingly, although this is not a direction, we merely give the Appellant the opportunity of arranging this if he can. We think he should have the opportunity of providing an affidavit from Mr Potts dealing with such grounds of appeal as Mr Potts feels he properly can deal with.
It follows accordingly that the preliminary hearing will have to be adjourned and will have to be given further consideration in the light of such additional information as may be provided. This Tribunal may be differently constituted since I do not anticipate I, myself, will be here, but it is hoped that the adjourned preliminary hearing can take place reasonably soon in order to avoid yet further delay.