MRS D BILLANY v KNUTSFORD CONSERVATIVE CLUB [2002] UKEAT 1313_00_2801
[1]APPEARANCES For the Appellant No appearance or representation by or on behalf of the Appellant For the Respondent No appearance or representation by or on behalf of the Respondent MR RECORDER LANGSTAFF QC In this appeal, we have no representative, either of the Appellant or of the Respondent. The absence of the Respondent is not surprising. The Respondent indicated that they did not seek to be represented today. However, the Appellant has never previously given any indication of not wishing to pursue her appeal. There has been contact this morning between this Tribunal and the solicitors acting for Mrs Billany. By fax, those solicitors have protested that they knew nothing of today's hearing date until telephoned this morning. They have requested that this appeal be given a new date.[2]We have discretion at whether to proceed in the absence of a party. We choose to exercise that discretion by adjourning the case for a fresh date. In particular, we bear in mind, not only have we had a request for an adjournment with protestations that there was no proper communication from this tribunal and we think it right to allow that application, given that this is the first such application, but secondly we are fortified in that conclusion by noting that one of the industrial members of this Tribunal is a member of the Conservative Party, although not a member of the Knutsford Conservative Club. We would have thought it right to raise that issue with the representative in case there were any objection to proceeding with the appeal as presently constituted.[3]In all the circumstances, this matter is adjourned.