Neely v. Abbey National Plc [2003] UKEAT 0045_03_2611 (26 November 2003)

Neely v. Abbey National Plc [2003] UKEAT 0045_03_2611 (26 November 2003)

The questions order was refused because it would improperly compel the respondents to make admissions based on a contentious document prepared by the appellant's solicitor. The document recovery order was refused because the respondents had stated they had no further documents to produce, and the Tribunal accepted this position, binding the respondents to it.

Citation
[2003] UKEAT 0045_03_2611
Parties
Appellant: Applicant Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
26 November 2003
Procedural Posture
Employment Appeal / Interlocutory Appeal
Outcome
appeal refused
Legal Topics
Constructive Dismissal, Document Disclosure, Questions Order, Admissions

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal

  1. 1 Whether the Employment Tribunal erred in refusing a questions order against the respondents.
  2. 2 Whether the Employment Tribunal erred in refusing a document recovery order against the respondents.

Ratio Decidendi

The questions order was refused because it would improperly compel the respondents to make admissions based on a contentious document prepared by the appellant's solicitor. The document recovery order was refused because the respondents had stated they had no further documents to produce, and the Tribunal accepted this position, binding the respondents to it.

Court Disposition

appeal refused

Orders

  • Appeal against refusal of questions order dismissed.
  • Appeal against refusal of document recovery order dismissed.