MS C MCDONALD v C & A [2000] UKEAT 1271_99_1705
[1]APPEARANCES For the Appellant MR N DUGDALE (of Counsel) Under the Employment Law Appeal Advise Scheme. JUDGE H WILSON In this preliminary hearing of the proposed appeal by the Appellant she has had the advantage of advice and representation by Mr Dugdale under the ELAAS scheme and his intervention has emphasised the narrowness of the dispute. We are just persuaded that the matter should go to full argument by reason of the fundamental principle, that justice must not only be done but must be seen to be done. With that in mind we have formulated three questions, largely along the lines that we discussed with Mr Dugdale, upon which we think there should be full argument. We do not permit the Notice of Appeal as drafted to go forward at all, but we think there should be full argument concerning the following questions: Whether it was perverse of the Employment Tribunal to receive contemporaneous notes of a meeting when the author of those notes was available to give oral and therefore best evidence of the meeting. Whether the Employment Tribunal erred in law in failing to give practical effect to their manifest concern over the absence of Mrs Northbridge née Horrell. We have in mind the invitation that Mrs Leonard should try to telephone her over the middle day adjournment.