DR J B ILANGARANTE v BMA & OTHERS [2002] UKEAT 1025_01_2801
[1]APPEARANCES For the Appellant Dr J B Ilangarante (Representative) 8 Megson Way Walkington Bevererly North Humberside HU17 8YA For the Respondents British Medical Association Dr Richard Smith BMA House Tavistock Square London WC1H 9JP MR RECORDER LANGSTAFF QC This matter comes before us by way of a Preliminary Hearing from a Tribunal sitting in Hull. Extended reasons for which were promulgated on the 12 th of January.[2]The central allegation in the appeal is one of bias. Having read and considered the papers, we find ourselves unable at present to determine to our satisfaction, either that there is or that there is not an arguable point of law here. We need further assistance. We direct that Affidavits must be sought from the Lay members, Mrs C Dunn and Mr J Williams. Those Affidavits if they provide them in answer to our request, and any further comment that Mr Pickard, the Chairman, may wish to make should be made following their receipt of a further Affidavit, which Mr Ilangaratne, who appears in person today, has offered. That is the Affidavit of a Dr Chowdry who was present on the first day of the hearing.[3]Therefore, what we envisage is that Dr Chowdry's Affidavit will be received here within three weeks. That will then be sent, together with the Appellant's Affidavit to the Lay members of the original Employment Tribunal and it will be sent (without the Affidavit of the Appellant as that has already been seen and received by him) to the Chairman, for him to comment on any issues which arise out of Dr Chowdry's Affidavit, which he may feel he has not covered sufficiently in his answer thus far.[4]Upon receipt of the Affidavits in reply, if any, the matter may then be re-listed for a further preliminary hearing.