MR S HUSSAIN v LEICESTERSHIRE CONSTABULARY [2002] UKEAT 836_01_1807
[1]APPEARANCES For the Appellant THE APPELLANT IN PERSON For the Respondent MS R CRASNOW (of Counsel) Instructed by: Messrs Browne & Jacobson Solicitors 44 Castle Gate Nottingham NE1 7BJ JUDGE J R REID QC It seems to me, speaking for myself, that we have got some difficulties because whatever the rights and wrongs of this are, Mr Hussain has not seen the Skeleton Argument which has been prepared on his behalf; he has not seen the preliminary judgment; he has not seen the grounds of appeal, and it is a little difficult, however sympathetic we are to our customers, to think that we could fairly dispose of the appeal today in a way which would make Mr Hussain feel that he has had a fair crack at the whip.[2]We think this has got to be adjourned. I think, probably, the best course is if the parties try to get a new hearing date downstairs, while they are still here. I do not know, for example, what Mr Hussain's duty rosters are, nor do I know what steps he has managed to take to get some new representation. One does not know, but sometimes, fairly closely knit communities like the police have friends and relations who are fairly obvious points of contact.[3]I think the best thing we had better do is to try and see if Mr Hussain and Ms Crasnow and her instructing solicitor can go down to Listing and get a new date now which will give whoever Mr Hussain instructs a target date to aim at. It may concentrate their minds, and then the parties will have to come back and deal with the case later.[4]In the meantime, it is not clear what should be done so far as Mr Hussain's existing solicitors are concerned. It may be something that is best taken up by his new solicitors. They should note that we do not have a power in this Tribunal to make wasted costs Orders, but (if it is appropriate) other steps are no doubt available.