British Medical Association v Chaudhary [2002] EWCA Civ 1710 (1 November 2002)

British Medical Association v Chaudhary [2002] EWCA Civ 1710 (1 November 2002)

Permission to appeal is granted because the grounds advanced have a real prospect of success, particularly regarding whether the Employment Appeal Tribunal was correct to exclude certain grounds from a full hearing.

Citation
[2002] EWCA Civ 1710
Parties
Applicant: British Medical Association; Respondent: Chaudhary
Jurisdiction
England and Wales
Judgment Date
01 November 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division), Permission to Appeal From Employment Appeal Tribunal Preliminary Decision
Outcome
Permission to appeal granted; application allowed.
Legal Topics
Race Discrimination, Indirect Discrimination, Appeal Procedure, Employment Tribunal, Remedies
Employment Law Discrimination Law Race Discrimination Indirect Discrimination Appeal Procedure Employment Tribunal Remedies

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Parties

British Medical Association

Applicant

Chaudhary

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division), Permission to Appeal From Employment Appeal Tribunal Preliminary Decision

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal was correct to exclude certain grounds of appeal for lacking real prospects of success
  2. 2 Whether the principal ground of challenge (perversity, inadequate reasons, failure to identify grounds) has real prospects of success

Ratio Decidendi

Permission to appeal is granted because the grounds advanced have a real prospect of success, particularly regarding whether the Employment Appeal Tribunal was correct to exclude certain grounds from a full hearing.

Court Disposition

Permission to appeal granted; application allowed.

Orders

  • Permission to appeal granted
  • Appeal to be expedited