GULF OIL v MR J DYAS [1999] UKEAT 1148_98_2107
[1]) Eaton-Evans Morris Haverford West Pembrokeshire SA61 2DB MR JUSTICE MORISON (PRESIDENT): Exceptionally in this case, I am prepared to ask for notes of evidence of the two live witnesses in respect of whom notes have not yet been provided. That is Mr Warlow and Mr Seal. Both of them were Gulf Oils witnesses. There was a witness for the Applicant, a Mr Symons. His evidence was given in the form of a witness statement. He did not give live evidence. Accordingly, as the Tribunal have already provided their notes of evidence of Mr Dyas, by providing the notes of evidence in relation to Mr Warlow and Mr Seal, the Employment Appeal Tribunal will then have the totality of the evidence in this case because they will also have available Mr Symons' written statement. The reason why I take the view that it would be just for these notes to be provided is because the Appellants, Gulf Oil, are running a perversity and "contrary to the weight of the evidence" argument as advanced in paragraph 5(1) and in particular, at 5(1)(b) and it seems to me that the Respondent to this Appeal can rightly say that whilst there may not be material in the Applicant's, Mr Dyas' own evidence, relating to various issues, they would be prejudiced if reliance was placed on the absence of evidence from him on those issues when there was, in fact, evidence given by the Respondent's own witnesses on which the Tribunal could have founded their decision. Accordingly, I order the notes of evidence. I would ask that the staff here write to the Learned Chairman apologising to him for troubling him to provide these notes and to thank him for his assistance in providing them and he should be told that I recognise the burden that such a request makes on any chairman, particularly having regard to the fact that the Appeal is against a decision which was made in July of last year. I will make formally, such an Order for the notes of evidence as you request.