Hellen v ASDA Stores Ltd [2002] EWCA Civ 1475 (4 October 2002)

Hellen v ASDA Stores Ltd [2002] EWCA Civ 1475 (4 October 2002)

There was no error of law or procedural unfairness in the Employment Tribunal's or Employment Appeal Tribunal's handling of the discrimination claims, and no compelling reason or important point of principle to allow a second appeal in the personal injury case regarding expert evidence or adjournment. The applications disclosed no real prospect of success.

Citation
[2002] EWCA Civ 1475
Parties
Claimant/appellant: Anirah Hellen; Defendant/respondent: Asda Stores Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Civil Appeal / Applications for Permission to Appeal (employment and Personal Injury Cases)
Outcome
Applications refused
Legal Topics
Discrimination (race, Sex, Disability), Unfair Dismissal, Expert Evidence, Adjournment of Trial, Appeal Procedure
Employment Law Personal Injury Law Civil Procedure Discrimination (race, Sex, Disability) Unfair Dismissal Expert Evidence Adjournment of Trial Appeal Procedure

Case Brief

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Parties

Anirah Hellen

Claimant/appellant

Asda Stores Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Applications for Permission to Appeal (employment and Personal Injury Cases)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing claims of race, sex, and disability discrimination in relation to dismissal
  2. 2 Whether the Employment Tribunal erred in its factual findings and procedural handling of the claimant's case
  3. 3 Whether the County Court erred in refusing to allow replacement of the claimant's medical expert and in refusing an adjournment of the trial in the personal injury claim

Ratio Decidendi

There was no error of law or procedural unfairness in the Employment Tribunal's or Employment Appeal Tribunal's handling of the discrimination claims, and no compelling reason or important point of principle to allow a second appeal in the personal injury case regarding expert evidence or adjournment. The applications disclosed no real prospect of success.

Court Disposition

Applications refused

Orders

  • Applications for permission to appeal in both employment and personal injury cases refused.
  • Transcript of judgment to be made available at public expense to the parties.