MS A PRINCE & 3 OTHERS v NATIONAL UNION OF TEACHERS [1999] UKEAT 621_99_2207
[1]APPEARANCES For the Appellants MS D ROSE (of Counsel) Messrs Irwin Mitchell Solicitors 48/50 St John Street London EC1M 4DP JUDGE LEVY: This is the Preliminary Hearing of an appeal by a number of Applicants to a Tribunal. The Respondent to the appeal is the National Union of Teachers. The appeal follows a very long hearing before a Tribunal sitting at London North. The decision was promulgated on 30 March 1999. Ms Rose who appeared below appears in this Preliminary Hearing and we have given certain directions. It is apparent to us that the Respondent, if the appeal is to go ahead (which we think it must - it cannot possibly be dealt with at a Preliminary Hearing of one hour), wish to cross-appeal. We have suggested to Ms Rose that she should shorten her Notice of Appeal so that the grounds are set out briefly as grounds rather than lengthily albeit elegantly. She has sought to add an additional ground to the Notice of Appeal. We have given leave for that to be added subject to the submissions of the Respondents, it being added out of time. The application can be dealt with when the appeal is called on.[2]We have given certain directions regarding some of the Chairman's Notes, which we think will be needed for the hearing of the Appeal. The Respondent is seeking further Notes form the Chairman. Ms Rose suggested those may not be necessary. All this and the lack of knowledge of what the Respondent's answer will contain suggests there may have to be a Directions Hearing. If there is such a hearing, it will be helpful for the parties if the learned Judge hearing the Directions Hearing is the Judge who will ultimately hear the appeal, which will be in Category B.[3]At this stage, the estimated length of the hearing without knowing the Respondent's answer in detail is, with the cross-appeal, probably two days. We have warned the Appellant's through Ms Rose that they should not expect the ordinary order of no orders cost on appeal to be made if the appeal fails. We do not of course express any view as to whether this is likely to happen or not.