At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MS N AMIN
MR J R CROSBY
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
INTERLOCUTORY HEARING
For the Appellant | MR GAVIN MANSFIELD (Of Counsel) Instructed by Messrs Stephenson Harwood Solicitors One St Paul's Churchyard London EC4M 8SH |
For the Respondent | MR RICHARD CLAYTON (Of Counsel) Instructed by Messrs Hammond Suddard & Edge Solicitors 7 Devonshire Square Cutlers Gardens London EC2M 4YH |
JUDGE P CLARK
(a) applied to the Employment Tribunal for orders striking out the Notice of Appearance, alternatively an unless order requiring the Respondent to produce certain documents listed in a schedule to a further letter
(b) sent to the Respondent's solicitors.
(1) that the Respondent was under a duty to make proper disclosure; failure to do so may lead to adverse inferences being drawn
(2) that, in this jurisdiction, he did not consider that unless orders or affidavits verifying disclosure are appropriate
(3) that as to 3 specific classes of documents sought
(a) the Respondent's solicitor agreed to produce a copy of the 'Dutch' report, whilst disputing its relevance
(b) the Chairman was not persuaded of the relevance of certain European Works Council documents
(c) if the Appellant's timesheets are relevant they must be disclosed.
Disclosure
The Appeal
(a) whether the order was made within the powers given to the Employment Tribunal
(b) whether the Chairman's discretion had been exercised in accordance with guiding legal principles
(c) whether the exercise of discretion could be attacked as being perverse in the Wednesbury sense.