Save & Prosper Group Ltd v Baker Jones [1995] UKEAT 50_95_1701 (17 January 1995)

Save & Prosper Group Ltd v Baker Jones [1995] UKEAT 50_95_1701 (17 January 1995)

Requests for specific discovery relating to the departure of Mr Labrow and Mr Johnson are ill founded as their departure for incompetence or misconduct does not establish relevance to the Applicant's sexual discrimination claim. Discovery cannot be used to compel the creation of documents.

Citation
[1995] UKEAT 50_95_1701
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
17 January 1995
Procedural Posture
Application for Specific Discovery / Interlocutory Application Before Hearing of Main Claim
Outcome
Application for specific discovery refused.
Legal Topics
Discovery, Sexual Discrimination, Industrial Tribunal Procedure
Employment Law Discovery Sexual Discrimination Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Application for Specific Discovery / Interlocutory Application Before Hearing of Main Claim

Legal Issues

  1. 1 Whether further specific discovery should be ordered regarding the departure of Mr Labrow and Mr Johnson
  2. 2 Whether the Respondent should be compelled to create documents as part of discovery

Ratio Decidendi

Requests for specific discovery relating to the departure of Mr Labrow and Mr Johnson are ill founded as their departure for incompetence or misconduct does not establish relevance to the Applicant's sexual discrimination claim. Discovery cannot be used to compel the creation of documents.

Court Disposition

Application for specific discovery refused.

Orders

  • No order for specific discovery on this application.