Noorani v Merseyside Tec Ltd [1998] EWCA Civ 1567 (19 October 1998)

Noorani v Merseyside Tec Ltd [1998] EWCA Civ 1567 (19 October 1998)

The Employment Tribunal properly exercised its discretion in refusing to issue witness summonses for witnesses whose evidence was not directly relevant to the claimant's case. The refusal was not an error of law, and the Employment Appeal Tribunal erred in finding otherwise.

Citation
[1998] EWCA Civ 1567
Parties
Appellant/respondent: Noorani; Respondent/appellant: Merseyside TEC Limited
Jurisdiction
England and Wales
Judgment Date
19 October 1998
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed; decision of the Employment Tribunal restored
Legal Topics
Racial Discrimination, Witness Summonses, Exercise of Judicial Discretion, Employment Tribunal Procedure
Employment Law Discrimination Law Civil Procedure Racial Discrimination Witness Summonses Exercise of Judicial Discretion Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Noorani

Appellant/respondent

Merseyside TEC Limited

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by refusing to issue witness summonses for certain witnesses requested by the claimant
  2. 2 Whether the refusal constituted a failure to exercise discretion or an improper exercise of discretion

Ratio Decidendi

The Employment Tribunal properly exercised its discretion in refusing to issue witness summonses for witnesses whose evidence was not directly relevant to the claimant's case. The refusal was not an error of law, and the Employment Appeal Tribunal erred in finding otherwise.

Court Disposition

Appeal allowed; decision of the Employment Tribunal restored

Orders

  • Order nisi against the Legal Aid Board
  • Legal aid taxation of the Respondent's costs