Matovu v The Chambers of Mr Martin Porter KC & Ors (Practice and Procedure) [2026] EAT 36 (05 March 2026)
The Employment Judge wrongly exercised discretion by refusing the claimant's application to amend paragraph 32 and the RFI on grounds not argued by the respondents and unsupported by the facts, and cumulatively, the conduct amounted to apparent bias.
- Citation
- [2026] EAT 36
- Parties
- Appellant: Mr Daniel Matovu; Respondents: The Chambers of Mr Martin Porter KC, 2 Temple Gardens and Others
- Jurisdiction
- United Kingdom
- Judgment Date
- 05 March 2026
- Procedural Posture
- Employment Appeal Tribunal / Appeal From Case Management Orders in Employment Tribunal
- Outcome
- Appeal allowed on both grounds (case management error and apparent bias)
- Legal Topics
- Case Management, Amendment of Pleadings, Apparent Bias, Victimisation, Race Discrimination, Requests for Further Information
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Daniel Matovu
Appellant
The Chambers of Mr Martin Porter KC, 2 Temple Gardens and Others
Respondents
Procedural Posture
Employment Appeal Tribunal / Appeal From Case Management Orders in Employment Tribunal
Legal Issues
- 1 Whether the Employment Judge erred in refusing the claimant's application to amend his Particulars of Claim (paragraph 32)
- 2 Whether the Employment Judge erred in refusing the claimant's Request for Further Information (RFI)
- 3 Whether the Employment Judge's conduct amounted to apparent or actual bias
Ratio Decidendi
The Employment Judge wrongly exercised discretion by refusing the claimant's application to amend paragraph 32 and the RFI on grounds not argued by the respondents and unsupported by the facts, and cumulatively, the conduct amounted to apparent bias.
Court Disposition
Appeal allowed on both grounds (case management error and apparent bias)
Orders
- Employment Judge Hodgson is not to be involved in the claimant's case for as long as the claim is pursued in the Employment Tribunal.
- The claimant's applications to amend paragraph 32 and for further information are to be reconsidered.
Full Case Text
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