MRS J KELLS v PILKINGTON PLC [2001] UKEAT 1435_00_0504
[1]APPEARANCES For the Appellant MR SIMON GORTON (Of Counsel) Instructed by: Messrs Thompsons Solicitors 8 Exchange Street Manchester M60 8BT MR RECORDER LANGSTAFF QC In this Preliminary Hearing from a decision of an Employment Tribunal sitting at Liverpool on 10 October 2000 there was a Notice of Appeal which it was proposed to withdraw, in large part by making an amendment which was sent to this Tribunal under cover of a letter of 30 March 2001 together with a detailed skeleton argument addressing what was said to be the only point left in the Appeal.[2]Leave not yet having been given for the amendment the original ground of appeal remains the grounds of appeal. Before us, Mr Gorton (not, it must be said, Counsel who prepared the skeleton argument nor Counsel who appears to have been responsible, with the solicitors for suggesting the amendment of the Notice of Appeal) has argued in the Court that notwithstanding the document that we have received there is nonetheless a point which might be arguable in respect of what was the original grounds 6.7 – 6.9 of the Notice of Appeal in addition to the grounds set out at 6.1 and 6.2.[3]We have been persuaded that there is an arguable point here which requires the attendance of the Respondents so that the matter may be argued fully. Accordingly without saying anything about the merits, in particular of the point which it was proposed to abandon that has now been resuscitated, we shall give leave that for this appeal to be argued but to be argued only on the grounds which we have identified. It is conceded by Mr Gordon that the other grounds, that is the ground set out presently at 6.3 – 6.6 and those from 6.10 onwards either add nothing or should not be pursued or are not easy to understand and those therefore will not be pursued.[4]The matter will be listed for hearing. It will take half a day. Skeleton arguments should be provided no later than fourteen days in advance, together with copies of any authorities to be relied upon. The Notice of Appeal should be amended in accordance with this judgment and filed within seven days if this case is to proceed. It should be listed for hearing in Category B.