Walker v Barnes [2004] EWCA Civ 687 (26 May 2004)

Walker v Barnes [2004] EWCA Civ 687 (26 May 2004)

Permission to appeal is granted because it is arguable that the Employment Appeal Tribunal was not justified in overturning the Chairman's refusal to review, given the importance of finality and the Chairman's superior position to assess the likely impact of the new evidence.

Citation
[2004] EWCA Civ 687
Parties
Appellant/respondent: Mr E Walker; Respondent/applicant: Mr S Barnes
Jurisdiction
England and Wales
Judgment Date
26 May 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Permission to Appeal Application
Outcome
Permission to appeal granted
Legal Topics
Unfair Dismissal, Review of Tribunal Decisions, Contributory Conduct, Finality in Litigation
Employment Law Unfair Dismissal Review of Tribunal Decisions Contributory Conduct Finality in Litigation

Case Brief

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Parties

Mr E Walker

Appellant/respondent

Mr S Barnes

Respondent/applicant

Procedural Posture

Appeal From Employment Appeal Tribunal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal was correct to order a review hearing on the issue of deduction from compensation for contributory conduct
  2. 2 Whether the Chairman's refusal to review the decision was justified

Ratio Decidendi

Permission to appeal is granted because it is arguable that the Employment Appeal Tribunal was not justified in overturning the Chairman's refusal to review, given the importance of finality and the Chairman's superior position to assess the likely impact of the new evidence.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed