Pine v Cinven Ltd (Practice and Procedure: Bias, misconduct and procedural irregularity) [2017] UKEAT 0411_14_0802 (08 February 2017)

Pine v Cinven Ltd (Practice and Procedure: Bias, misconduct and procedural irregularity) [2017] UKEAT 0411_14_0802 (08 February 2017)

The appeal against the case management order fails because any procedural irregularity was overtaken by subsequent events, the medical records were not used at the Remedies Hearing, and no unfairness or prejudice resulted from the order. Previous appeals against substantive and procedural decisions were dismissed, and there is no tenable basis for further appeal.

Citation
[2017] UKEAT 0411_14_0802
Parties
Appellant: Claimant; Respondent: Cinven Ltd
Jurisdiction
United Kingdom
Judgment Date
08 February 2017
Procedural Posture
Employment Appeal Tribunal / Appeal Against Case Management Order
Outcome
Appeal dismissed
Legal Topics
Bias, Misconduct, Procedural Irregularity, Case Management Orders, Reasonable Adjustments, Unfair Dismissal
Employment Law Disability Discrimination Bias Misconduct Procedural Irregularity Case Management Orders Reasonable Adjustments Unfair Dismissal

Case Brief

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Parties

Claimant

Appellant

Cinven Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Case Management Order

Legal Issues

  1. 1 Whether the case management order of 17 May 2013 was procedurally unfair
  2. 2 Whether the Employment Judge lost sight of justice or was biased
  3. 3 Whether the requirement to produce medical records was improper

Ratio Decidendi

The appeal against the case management order fails because any procedural irregularity was overtaken by subsequent events, the medical records were not used at the Remedies Hearing, and no unfairness or prejudice resulted from the order. Previous appeals against substantive and procedural decisions were dismissed, and there is no tenable basis for further appeal.

Court Disposition

Appeal dismissed