Obasa v Chisholm & Ors [2004] EWCA Civ 432 (19 March 2004)

Obasa v Chisholm & Ors [2004] EWCA Civ 432 (19 March 2004)

Refusal to adjourn was a proper exercise of discretion; applicant had effective access to the Tribunal and was able to present her case. No breach of Article 6 ECHR or procedural unfairness was demonstrated.

Citation
[2004] EWCA Civ 432
Parties
Claimant/appellant: Olubukunola Obasa; Defendants/respondents: Kerry Chisholm and Others
Jurisdiction
England and Wales
Judgment Date
19 March 2004
Procedural Posture
Application for Permission to Appeal (civil) / Court of Appeal, Post Employment Appeal Tribunal Decision
Outcome
Application for permission to appeal refused.
Legal Topics
Adjournment Refusal, Fair Hearing, Disability Discrimination, Race Discrimination, Access to Justice, Article 6 ECHR
Employment Law Human Rights Law Civil Procedure Adjournment Refusal Fair Hearing Disability Discrimination Race Discrimination Access to Justice +1 more

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Parties

Olubukunola Obasa

Claimant/appellant

Kerry Chisholm and Others

Defendants/respondents

Procedural Posture

Application for Permission to Appeal (civil) / Court of Appeal, Post Employment Appeal Tribunal Decision

Legal Issues

  1. 1 Whether refusal to adjourn hearing breached applicant's right to a fair trial under Article 6 ECHR
  2. 2 Whether procedural unfairness occurred due to lack of representation and access to documents
  3. 3 Whether Employment Appeal Tribunal erred in relying on respondent's counsel to present both sides

Ratio Decidendi

Refusal to adjourn was a proper exercise of discretion; applicant had effective access to the Tribunal and was able to present her case. No breach of Article 6 ECHR or procedural unfairness was demonstrated.

Court Disposition

Application for permission to appeal refused.

Orders

  • Copy of transcript of judgment to be supplied to applicant at public expense.