Chapman v Surrey Health Borough Council [1998] UKEAT 383_97_1803
JUDGE N BUTTER QC :
The Tribunal proposes to direct that the Chairman produces all the notes of evidence relating to the hearing on 15 November.We have been placed in some difficulty, because we feel that the earlier decision of the Employment Appeal Tribunal does contain some ambiguities.We consider that the appeal should deal primarily with the question of permanent employment and the calculation of damages and we do not favour a re-opening of the extent of contributory fault. In the end, however, we think it will be for the EAT on the full hearing to determine precisely what points it feels should properly be argued.At this stage we do not think it right to exclude certain matters upon which the Appellant wishes to rely and for that purpose, at least, we think all the notes relating to 15 November are necessary.