Doncaster Metropolitan Borough Council v Hancock [2001] EWHC 9003 (Costs) (2 March 2001)

Doncaster Metropolitan Borough Council v Hancock [2001] EWHC 9003 (Costs) (2 March 2001)

There was no breach of Article 6 ECHR or other human rights in the conduct of the summary judgment or costs proceedings; the defendant was able to present his case fully and no procedural unfairness occurred.

Citation
[2001] EWHC 9003 (Costs)
Parties
Claimant: Doncaster Metropolitan Borough Council; Defendant: Dean William Hancock
Jurisdiction
England and Wales
Judgment Date
02 March 2001
Procedural Posture
Costs Assessment Appeal / Judgment on Appeal and Cross Appeal
Outcome
Defendant's appeal dismissed; Claimant's cross-appeal formally dismissed as moot.
Legal Topics
Redundancy Payment, Summary Judgment, Freezing Injunction, Costs Assessment, Article 6 ECHR, Human Rights Act 1998
Employment Law Civil Procedure Human Rights Law Redundancy Payment Summary Judgment Freezing Injunction Costs Assessment Article 6 ECHR +1 more

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Parties

Doncaster Metropolitan Borough Council

Claimant

Dean William Hancock

Defendant

Procedural Posture

Costs Assessment Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether hearing summary judgment in chambers breached Article 6 ECHR
  2. 2 Whether ex parte freezing injunction breached defendant's human rights
  3. 3 Whether lack of written reasons by Master invalidated decision

Ratio Decidendi

There was no breach of Article 6 ECHR or other human rights in the conduct of the summary judgment or costs proceedings; the defendant was able to present his case fully and no procedural unfairness occurred.

Court Disposition

Defendant's appeal dismissed; Claimant's cross-appeal formally dismissed as moot.

Orders

  • Appeal by defendant dismissed
  • Cross-appeal by claimant dismissed