Baxter & Ors v. Middlesbrough Borough Council [2008] UKEAT 0282_08_1107 (11 July 2008)

Baxter & Ors v. Middlesbrough Borough Council [2008] UKEAT 0282_08_1107 (11 July 2008)

The Employment Tribunal was entitled to conclude that there had been no waiver of privilege in respect of the 2004 job evaluation documents. The 2004, 2006, and 2007 evaluations were created for different purposes, and disclosure of the later documents did not amount to actual or partial waiver of privilege over the...

Source-derived case information.

Citation
[2008] UKEAT 0282_08_1107
Parties
Appellant: Claimants; Respondent: Middlesbrough Council
Jurisdiction
United Kingdom
Judgment Date
11 July 2008
Procedural Posture
Employment Appeal Tribunal Equal Pay Act / Appeal Against Employment Tribunal's Decision on Privilege and Waiver
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Litigation Privilege, Disclosure, Waiver of Privilege, Case Management
Employment Law Civil Procedure Equal Pay Litigation Privilege Disclosure Waiver of Privilege Case Management

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Claimants

Appellant

Middlesbrough Council

Respondent

Procedural Posture

Employment Appeal Tribunal Equal Pay Act / Appeal Against Employment Tribunal's Decision on Privilege and Waiver

Legal Issues

  1. 1 Whether the Employment Tribunal erred in concluding that privilege in respect of the 2004 job evaluation documents had not been waived
  2. 2 Whether partial waiver occurred due to disclosure of related documents from 2006 and 2007
  3. 3 Whether Article 6 of the European Convention on Human Rights alters the common law position on privilege

Ratio Decidendi

The Employment Tribunal was entitled to conclude that there had been no waiver of privilege in respect of the 2004 job evaluation documents. The 2004, 2006, and 2007 evaluations were created for different purposes, and disclosure of the later documents did not amount to actual or partial waiver of privilege over the 2004 documents. Article 6 ECHR does not alter the common law position on privilege.

Court Disposition

Appeal dismissed

Orders

  • No waiver of privilege found in respect of the 2004 job evaluation documents
  • No order for disclosure of the 2004 documents