Icon Display Ltd v. Paine & Anor [2009] UKEAT 0438_09_2910 (29 October 2009)

Icon Display Ltd v. Paine & Anor [2009] UKEAT 0438_09_2910 (29 October 2009)

Tribunal erred by failing to consider removal of privileged material from the file and by underestimating the risk of tribunal members being influenced by such material; appeal allowed and orders made for removal and transfer to ensure fair hearing.

Citation
[2009] UKEAT 0438_09_2910
Parties
Appellant: Respondents; Respondent: Claimants
Jurisdiction
United Kingdom
Judgment Date
29 October 2009
Procedural Posture
Employment Appeal / Appeal From Tribunal Order
Outcome
appeal allowed
Legal Topics
Privileged Documents, Case Management, Transfer of Proceedings
Employment Law Civil Procedure Privileged Documents Case Management Transfer of Proceedings

Case Brief

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Parties

Respondents

Appellant

Claimants

Respondent

Procedural Posture

Employment Appeal / Appeal From Tribunal Order

Legal Issues

  1. 1 Whether privileged material should be removed from tribunal file
  2. 2 Whether case should be transferred to another tribunal to avoid risk of bias

Ratio Decidendi

Tribunal erred by failing to consider removal of privileged material from the file and by underestimating the risk of tribunal members being influenced by such material; appeal allowed and orders made for removal and transfer to ensure fair hearing.

Court Disposition

appeal allowed

Orders

  • Remove original pleadings and all documents and correspondence relating to privileged material from Ashford Tribunal file
  • Transfer case to Croydon Tribunal