Armstrong v Devon County Council [1995] UKEAT 1083_95_2310 (23 October 1995)

Armstrong v Devon County Council [1995] UKEAT 1083_95_2310 (23 October 1995)

The Chairman's decision to hold a pre-hearing review was within his discretion and not shown to be wrong in law or perverse; the appeal is misconceived as the appellant is not prevented from proceeding, and no point of law arises.

Citation
[1995] UKEAT 1083_95_2310
Parties
Appellant: Mr Harry Armstrong; Respondent: Devon County Council
Jurisdiction
United Kingdom
Judgment Date
23 October 1995
Procedural Posture
Appeal From Industrial Tribunal Procedural Order / Appeal Against Decision to Hold Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Industrial Tribunal Procedure, Pre Hearing Review, Discretion of Tribunal Chairman
Employment Law Civil Procedure Sex Discrimination Industrial Tribunal Procedure Pre Hearing Review Discretion of Tribunal Chairman

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Harry Armstrong

Appellant

Devon County Council

Respondent

Procedural Posture

Appeal From Industrial Tribunal Procedural Order / Appeal Against Decision to Hold Pre Hearing Review

Legal Issues

  1. 1 Whether the Chairman's decision to hold a pre-hearing review was lawful and reasonable
  2. 2 Whether the appellant is being prevented from proceeding with his claim by the pre-hearing review

Ratio Decidendi

The Chairman's decision to hold a pre-hearing review was within his discretion and not shown to be wrong in law or perverse; the appeal is misconceived as the appellant is not prevented from proceeding, and no point of law arises.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the decision to hold a pre-hearing review is dismissed.