MR C R HOBSON v (1) HI-WAY EXPRESS (2) MR S E CARTER (3) MR K B CARTER [2001] UKEAT 0892_01_2409
[1]APPEARANCES For the Appellant NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT MR RECORDER LANGSTAFF QC This is a Preliminary Hearing in an appeal in which Mr Hobson intends to pursue against a decision of the Employment Tribunal at Leeds. We have earlier this morning heard an intended appeal by Mr S E Carter arising out of the same decision. We have identified and given permission for 3 grounds of appeal to be argued in his case.[2]Mr Hobson has not appeared before us today. We had therefore to decide whether we intend to hear and determine his appeal in his absence. We think it appropriate to decline our discretion to do so. The matter should be re-listed. It should be re-listed once Mr Hobson has had an opportunity to consider what has been said in the case of Mr Carter, to have considered the amended Notice of Appeal in Mr Carter's case and to have turned his mind as to whether any, or indeed all, of those ground may equally be applicable in his case. Once he has had an opportunity to consider those and to consider the present Notice of Appeal as it stands, this matter should then be listed for a further Preliminary Hearing.[3]We would anticipate that it should therefore not be listed within a period of one month from today but at a convenient date thereafter.