MR T K SMITH v GEC MARCONI COMMAND DEFENCE SYSTEMS LTD [1999] UKEAT 835_99_1310
[1]APPEARANCES For the Appellant MR BIRTLES (of Counsel) ELAAS MR JUSTICE HOLLAND : This matter has been before us this morning by way of an preliminary hearing. It follows that it is our task to decide whether the appeal raises an arguable point of law. If it does raise such a point, then we will adjourn the matter so that it may be subjected to argument on an inter partes basis. If we cannot discern any such point, then it falls to us this morning to dismiss this appeal. Our response to that task is as follows. Having regard to the point now raised in the amended Notice of Appeal, submitted by Mr Birtles through the ELAAS scheme, we are entirely satisfied that a matter is raised that justifies an inter partes hearing. Mr Birtles, indeed, has the satisfaction of knowing that even before the amended Notice of Appeal was served, the same point had already occurred to the members of this tribunal on the reading of the extended reasons and, in particular, on the reading of paragraph 8(iii). The matter must therefore go forward for a further hearing.[2]Having discussed the situation with Mr Birtles, we are satisfied that the directions can be limited to the following: namely that it is listing Category C, time estimate half a day and that there be a direction that skeleton arguments should be submitted to this tribunal seven days before the date of the hearing. Plainly it further follows that those skeleton arguments should at that stage be exchanged. Further than that, there would appear to be nothing useful that this tribunal can add as at today.