LADBROKES RACING LTD v MR R KHAN [2000] UKEAT 1015_99_1707
[1]APPEARANCES For the Appellant MR A SENDALL (of Counsel) Messrs Halliwell Landau St James Court Brown Street Manchester M2 2JF For the Respondent MR S CRAMSIE (of Counsel) Messrs Owen White & Catlin Gavel House 90 - 92 High Street Feltham Middlesex TW13 4ES JUDGE CLARK This appeal was permitted to proceed by a division presided over by Judge Pugsley on 23 November 1999. On that occasion no application was made by Mr Sendall who appeared on behalf of the Appellants Ladbrokes Racing Ltd for the Chairman's Notes of Evidence and consequently no directions for Chairman's Notes was given.[2]The appeal falls into 3 broad categories. First an appeal against the Employment Tribunal liability decision, second against their remedies decision and thirdly against the Chairman's review decision.[3]Having heard submissions this morning from Mr Sendall, a particular problem has arisen over that part of the appeal which deals with the Employment Tribunals findings on compensation. As a result Mr Sendall applied for the Chairman's Notes of Evidence in relation to evidence given by a witness for the Respondent, Ms Balsdon. That application was opposed by Mr Cramsie. We considered the matter and concluded that we can only do justice between the parties on this head of the appeal by seeing precisely what evidence was given by that witness. It is common ground that she gave some evidence on the point, precisely when and what was said is not clear without the Chairman's Notes.[4]In these circumstances, reluctantly we have acceded to Mr Sendall's application to adjourn this appeal. We adjourn it on strict terms as to costs. The Appellants are to pay the Respondents costs thrown away today and those costs to be agreed if possible, otherwise they will be subject to a detailed assessment.[5]We direct that the Chairman Mr Carstairs be asked to provide his Notes of the evidence given by Ms Balsdon to the effect that the Desk Top Maintenance Analysis post had never been filled and was scrapped as part of a reorganisation before Mr Khan's dismissal. We take that summary of her evidence from a skeleton argument prepared for the purpose of this hearing by Mr Sendall.[6]In addition we should be grateful if the Chairman would provide his Notes of Mr Khan's evidence as to the Desk Top Maintenance Analysis post, both in evidence in chief and cross examination and indeed in answer to any questions from the Employment Tribunal. The Chairman's Notes of Evidence will then be copied to the parties and the matter meanwhile will be relisted for a restored hearing before this same division. Listed for ½ day. The parties are to lodge any supplemental skeleton arguments arising out of the Chairman's Notes of Evidence not less than 14 days before the date fixed for the restored hearing.