Jones v Money Expert Ltd [2008] UKEAT 0231_08_2208 (22 August 2008)

Jones v Money Expert Ltd [2008] UKEAT 0231_08_2208 (22 August 2008)

There was a material procedural irregularity because the respondent relied on documents not previously disclosed to the claimant, contrary to a specific case management order, depriving the claimant of a fair opportunity to address them.

Citation
[2008] UKEAT 0231_08_2208
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
22 August 2008
Procedural Posture
Employment Appeal / Appeal Against Refusal to Review
Outcome
appeal allowed
Legal Topics
Review of Judgment, Case Management Orders, Disclosure of Documents, Unlawful Deduction of Wages
Employment Law Civil Procedure Review of Judgment Case Management Orders Disclosure of Documents Unlawful Deduction of Wages

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Review

Legal Issues

  1. 1 Whether the refusal to review the original judgment was correct in light of the respondent's reliance on undisclosed documents at the hearing

Ratio Decidendi

There was a material procedural irregularity because the respondent relied on documents not previously disclosed to the claimant, contrary to a specific case management order, depriving the claimant of a fair opportunity to address them.

Court Disposition

appeal allowed

Orders

  • Claimant's application for review succeeds
  • Matter remitted to the same employment judge to conduct the review in light of all documents now disclosed and a fresh witness statement from the claimant