BUQ v HRE

BUQ v HRE

The Employment Tribunal is better placed to determine the financial allegations, which are relevant to the credibility of sexual allegations in the privacy action. Adjourning the High Court trial until after the ET determination will better serve justice and avoid unnecessary duplication or prejudice.

Parties
Claimant: BUQ; Defendant: HRE
Jurisdiction
England and Wales
Judgment Date
15 October 2012
Procedural Posture
High Court Civil Action / Application for Adjournment of Trial
Outcome
Trial date vacated; action adjourned
Legal Topics
Adjournment of Trial, Overlap of Proceedings, Res Judicata, Credibility, Use of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

BUQ

Claimant

HRE

Defendant

Procedural Posture

High Court Civil Action / Application for Adjournment of Trial

  1. 1 Whether the High Court trial should be adjourned pending determination of related Employment Tribunal proceedings
  2. 2 Whether findings in the Employment Tribunal will assist or prejudice the High Court proceedings
  3. 3 Whether the interests of non-parties (Employer Respondents) are affected by the timing of the High Court trial

Ratio Decidendi

The Employment Tribunal is better placed to determine the financial allegations, which are relevant to the credibility of sexual allegations in the privacy action. Adjourning the High Court trial until after the ET determination will better serve justice and avoid unnecessary duplication or prejudice.

Court Disposition

Trial date vacated; action adjourned

Orders

  • The date for the trial of the privacy action is vacated.
  • The action is to be relisted as soon as practical after final determination of the Employment Tribunal proceedings.