MR P WILDE v PURE FISHING (UK) LTD [2002] UKEAT 1147_01_1303
[1]APPEARANCES For the Appellant MR D FLOOD (of Counsel) Instructed By: Messrs Poole Alcock Solicitors 238 - 240 Edleston Road Crewe Cheshire CW2 7EH For the Respondent NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE RESPONDENT MR JUSTICE HOLLAND: This matter is listed before us today by way of a preliminary hearing. It is our task to decide whether the Notice of Appeal supported by Mr Flood's skeleton argument raises matters which would justify adjournment and an inter-partes hearing. In our judgment, there are matters that merit that hearing, whilst we appreciate that it could be said and no doubt will be said that this was a decision as to fact by an industrial jury.[2]We are particularly concerned that there is no evidence in the extended reasons that the Tribunal reminded itself that as at July 2000 the Applicant was a person with the status of one who had been dismissed for misconduct. It was with that status that he was trying to obtain alternative employment and it was not until May 2001 that he was in a position to demonstrate the world at large that he had been wrongfully dismissed.[3]Those are arguably matters to be taken into account by a properly directed jury and on the face of it they may not have been considered at all. Though that is the point that has particularly appealed to us today, we are not minded to exclude the other points taken by Mr Flood in his Notice of Appeal, they too will be available to him at the adjourned hearing. In the meantime, first, Mr Flood applies to us for leave to amend the Notice of Appeal, that leave we give. The period of time we give for that exercise is 14 days.[4]Turning to the preparation for the hearing, this is a case in which as we see it, there could be an advantage in sight of the Chairman's notes and we therefore would request the Chairman to provide a transcript of his notes. Turning finally to the hearing itself, Category C and it looks on the face of it to be a 2 hour case. We further direct an exchange of skeleton arguments, not less than 14 days before the substantive hearing.