At the Tribunal | |
Before
HIS HONOUR JUDGE J McMULLEN QC
(SITTING ALONE)
MID YORKSHIRE CHAMBER OF
COMMERCE & INDUSTRY LTD |
APPELLANT |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
INTERIM HEARING
For the Appellant | MR ALAN PAYNE (of Counsel) Instructed By: Messrs Steven Bonfield Solicitors Prospect House 18 Clare Road Halifax HX1 2HX |
For the Respondent | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE RESPONDENT |
JUDGE J McMULLEN QC:
"(i) the unavailable witness was crucial to the Appellant's case;
(ii) his absence would effectively deny the Appellant a chance of a fair hearing;
(iii) a decision to proceed with the hearing in his absence would amount to an interference with the Applicant's rights under Article 6 of ECHR;
(iv) the Applicant had acted promptly (within 4 working days of receipt of the notice of hearing) to postpone after the reason had become known to them;
(v) the application was being made 7 weeks prior to the hearing date;
(vi) the previous postponement had resulted in a marginal delay (18 days) of a claim issued in February 2003 and there was no reason why a further adjournment of a one day hearing would result in significant delay and/or prejudice;
(vii) this was not a case with long delays and postponements;
(viii) there was no objection from the Respondent."