MRS M HIGHMORE v THE POST OFFICE & OTHERS [2000] UKEAT 1140_99_1901
[1]APPEARANCES For the Appellant MR S NEAMAN (of Counsel) Messrs Simpson Millar Solicitors 101 Borough High Street London Bridge London SE1 1NL MR COMMISSIONER HOWELL QC There are sufficiently arguable points in this case to warrant us directing that this appeal should go forward for a full hearing. The points that we consider are arguable are those that Mr Neaman on behalf of the Appellant has put to us this morning, with the exception of the issue of "perversity" as a separate ground of appeal (which I think was the principal ground that was put in the beginning of paragraph 6(1) of the notice of appeal), so we are going to direct that you should lodge an amended notice of appeal no later than 14 days from the date of this order.[2]This should set out the grounds of appeal again in place of what is in paragraph 6 of the notice of appeal so as to raise: (1) the point put in the first sentence of paragraph 3 of the Appellant's skeleton argument, that the Tribunal erred in law in limiting its analysis to that of financial prejudice; (2), the beginning of paragraph 9 of the Appellant's skeleton argument that it erred in law in finding that most of the matters referred to in British Coal Corporation –v- Keeble (1997) IRLR 337 do not apply in this case; and (3) the first part of paragraph 14 of the Appellant's skeleton argument, "that the Tribunal did not take into account 'all the circumstances' in which case this was an error of law" ; but not including the next sentence of paragraph 14, the alternative ground of perversity as a point in its own right.[3]Those are the issues that we direct should go forward to a full hearing of the Employment Appeal Tribunal. We direct that the appeal should be set down for hearing in category C with a time estimate of half a day. We can see no reason for directing any note of the Chairman's record of the proceedings. There should be exchange of skeleton arguments and lodging of copies of those arguments with the Employment Appeal Tribunal office no later than 14 days before the date fixed for the hearing of the full appeal.