Barracks v Coles & Anor [2006] EWCA Civ 1041 (21 July 2006)

Barracks v Coles & Anor [2006] EWCA Civ 1041 (21 July 2006)

The 'unless order' requiring disclosure was unlawful as the police could not comply without breaching legal prohibitions. The appeal was dismissed and the matter remitted for a substantive hearing, with non-disclosure issues to be addressed in context. EC and ECHR arguments should not be ruled on in advance of factual evidence.

Citation
[2006] EWCA Civ 1041
Parties
Appellant: Miss Janet Barracks; Respondent: Chief Superintendent John Coles; Respondent: Commissioner of Police of the Metropolis; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Disclosure of Evidence, Security Vetting, Burden of Proof, Effective Judicial Remedy, Fair Hearing
Employment Law Equality Law Human Rights Law European Law Race Discrimination Disclosure of Evidence Security Vetting Burden of Proof +2 more

Case Brief

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Parties

Miss Janet Barracks

Appellant

Chief Superintendent John Coles

Respondent

Commissioner of Police of the Metropolis

Respondent

Secretary of State for the Home Department

Intervenor

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether legal prohibitions on disclosure of vetting information are compatible with EC law and ECHR Article 6
  2. 2 Whether the employment tribunal's 'unless order' was lawful
  3. 3 Whether a fair hearing is possible without disclosure of vetting information

Ratio Decidendi

The 'unless order' requiring disclosure was unlawful as the police could not comply without breaching legal prohibitions. The appeal was dismissed and the matter remitted for a substantive hearing, with non-disclosure issues to be addressed in context. EC and ECHR arguments should not be ruled on in advance of factual evidence.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to employment tribunal for substantive hearing
  • Employment tribunal to disregard paragraph 29 of Employment Appeal Tribunal judgment