Vaughan v London Borough of Lewisham and Ors (Practice and Procedure : Admissibility of evidence) [2013] UKEAT 0534_12_0102 (1 February 2013)

Vaughan v London Borough of Lewisham and Ors (Practice and Procedure : Admissibility of evidence) [2013] UKEAT 0534_12_0102 (1 February 2013)

The appeal was dismissed because the Employment Judge was correct to refuse admission of the covert recordings in the absence of transcripts or specific identification of relevance, making it impossible to assess admissibility or proportionality. However, the Claimant may make a renewed, focused application with proper supporting material.

Citation
[2013] UKEAT 0534_12_0102
Parties
Appellant: Ms A Vaughan; Respondents: London Borough of Lewisham and others
Jurisdiction
United Kingdom
Judgment Date
01 February 2013
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal to Admit Covert Recordings as Evidence
Outcome
Appeal dismissed
Legal Topics
Admissibility of Evidence, Disability Discrimination, Case Management, Covert Recordings
Employment Law Civil Procedure Admissibility of Evidence Disability Discrimination Case Management Covert Recordings

Case Brief

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Parties

Ms A Vaughan

Appellant

London Borough of Lewisham and others

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal to Admit Covert Recordings as Evidence

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to admit covert recordings as evidence without transcripts or specific identification of relevance
  2. 2 Whether a party can make a renewed application to admit such evidence after initial refusal

Ratio Decidendi

The appeal was dismissed because the Employment Judge was correct to refuse admission of the covert recordings in the absence of transcripts or specific identification of relevance, making it impossible to assess admissibility or proportionality. However, the Claimant may make a renewed, focused application with proper supporting material.

Court Disposition

Appeal dismissed

Orders

  • The Employment Judge's refusal to admit the covert recordings is upheld.
  • The Claimant may make a renewed, focused application to admit specific recordings with supporting transcripts and explanation of relevance.