At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
(AS IN CHAMBERS)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
INTERLOCUTORY
For the Appellant | MR R MOORE (of Counsel) Instructed by: Mr D Tibble Messrs White & Bowker Solicitors 20 Brunswick Place Southampton SO15 2AQ |
For the Respondents | MR L MENZIES (of Counsel) Instructed by: Mr T Rehal Messrs Bond Pearce Solicitors 7 Town Quay Southampton SO14 2PT |
JUDGE PETER CLARK:
"Finally, please let us know, in relation to all accounting and administrative staff employed by your client, the following information as at 31 January 1998, 9 November 1998, 9 February 1999 and now:-
1. The number of persons employed within the group undertaking such work;
2. The number of hours per week worked by each individual;
3. The position or job title in respect of each individual.
[and by an addition raised for the first time by Mr Moore at the hearing before the Chairman on 13th September]
4. How much they are paid."
It will be readily seen that that is a request for information. It is not a request for discovery of documents already in existence. To that extent, whatever the reasoning of the Chairman, which I find opaque, in paragraph 6 of his reasons, there is no basis upon which an order for discovery, in those terms, could be made.
"A tribunal may, on the application of a party made by notice to the Secretary or of its own motion, require a party in writing to furnish to the tribunal a written answer to any question if it considers-
(a) that the answer of the party to that question may help to clarify any issue likely to arise for determination in the proceedings, and
(b) that it would be likely to assist the progress of the proceedings for that answer to be available to the tribunal before the hearing,
and may appoint the time within which the written answer is to be furnished …"