Knight Berkeley Ltd v Spark [1996] UKEAT 1274_95_1705
MR JUSTICE BUTTERFIELD : This appeal comes before us by way of a preliminary hearing to determine whether there is any arguable point of law raised on the Notice of Appeal.We are unanimously of the view that there is here a clear arguable ground of appeal, that is to say whether the Industrial Tribunal, in conducting the review it did, was properly constituted in order so to do. It is unnecessary to rehearse the arguments that have been developed before us this morning, save to say that they relate to the interpretation and application of the Industrial Tribunal Constitution Regulations 1993, and in particular Regulations 11(1), (5) and (6) and 13(8).In our judgment there is a plain arguable case on those regulations and the way they were applied in this review procedure. We grant leave on that ground. We do not grant leave in respect of the second matter raised on behalf of the Appellants, namely that the Tribunal in expressing its decisions, acted in a way which was perverse within the technical meaning of that expression.