Botham v Ministry of Defence [2005] EWCA Civ 400

Case No A2/2004/2525

[2005] EWCA Civ 400

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

Venue Royal Courts of Justice

Date Monday, 14 March 2005

The Strand

London

B e f o r e:

THE MASTER OF THE ROLLS

(Lord Phillips of Worth Matravers)

LORD JUSTICE WALLER

and

LORD JUSTICE MAURICE KAY

Between

JOHN BOTHAMAppellant

- v -

Between

MINISTRY OF DEFENCERespondent

(Computer Aided Transcription by

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Official Shorthand Writers to the Court)

MR F REYNOLD QC and MR P MEAD (instructed by Messrs Simpson Millar, Wimbledon SW19) appeared for APPELLANT

MRS WENDY ALTWAITE (instructed by the Treasury Solicitor) appeared for RESPONDENT

J U D G M E N T

Monday, 14 March 2005

ORDER

[1](Not part of judgment)

[2]Appeal dismissed by consent; leave to appeal to the House of Lords granted; costs to follow result of appeal; community legal services assessment of appellant’s costs.

Cited in 1 later judgment

Serco Limited (Respondents) v. Lawson (Appellant) Botham (FC) (Appellant) v. Ministry of Defence (Respondents) Crofts (Respondent) and others v. Veta Limited (Appellants) and others and one other action 2006