Mid-Devon District Council v Stevenson [2007] UKEAT 0196_07_1810 (18 October 2007)

Mid-Devon District Council v Stevenson [2007] UKEAT 0196_07_1810 (18 October 2007)

The Tribunal's refusal to allow the employer to call their own psychiatric expert was perverse, failed to take into account the overriding objective of dealing with cases justly and on an equal footing, and took into account irrelevant factors such as delay not attributable to the employer. The employer acted reasonably and was entitled to challenge the claimant's expert evidence in a substantial claim.

Citation
[2007] UKEAT 0196_07_1810
Parties
Appellant: Mid-Devon District Council; Respondent: Ms Stevenson
Jurisdiction
United Kingdom
Judgment Date
18 October 2007
Procedural Posture
Employment Tribunal Appeal / Appeal From Case Management Decision
Outcome
Appeal allowed
Legal Topics
Case Management, Expert Evidence, Disability Definition, Overriding Objective
Employment Law Disability Discrimination Case Management Expert Evidence Disability Definition Overriding Objective

Case Brief

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Parties

Mid-Devon District Council

Appellant

Ms Stevenson

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Case Management Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing the employer's application to call their own psychiatric expert on the issue of disability
  2. 2 Whether the Tribunal failed to apply the overriding objective and ensure parties were on an equal footing

Ratio Decidendi

The Tribunal's refusal to allow the employer to call their own psychiatric expert was perverse, failed to take into account the overriding objective of dealing with cases justly and on an equal footing, and took into account irrelevant factors such as delay not attributable to the employer. The employer acted reasonably and was entitled to challenge the claimant's expert evidence in a substantial claim.

Court Disposition

Appeal allowed

Orders

  • MDDC granted leave to instruct and call their own psychiatric expert
  • Ancillary orders made consequent to the grant of leave