A1/2001/0629
Neutral Citation Number: [2001] EWCA Civ 870
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

	Royal Courts of Justice
	Strand
	London WC2

	Thursday, 7th June 2001

B e f o r e :

LORD JUSTICE MUMMERY and
LORD JUSTICE KEENE

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FREDERIC DAVID SKIDMORE
Appellant (Applicant)

-v-

DARTFORD AND GRAVESHAM NHS TRUST
Respondent

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Mr T Barnes QC (instructed by Messrs Le Brasseur J Tickle, London WC2) appeared on behalf of the Applicant Appellant.

The Respondent did not appear and was not represented.

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J U D G M E N T
1.	LORD JUSTICE MUMMERY: We have decided to grant permission to appeal on a limited basis. Having heard the submissions of Mr Barnes QC elaborated, we think that his points on paragraphs 49 to 53 of the judgment given by Judge Reid QC on behalf of the Employment Appeal Tribunal warrant argument to the full court. There are properly arguable points about the procedure to be adopted in a case of this kind under the Health Circular. While granting permission is no guarantee of success on the appeal, this is a matter which should be more fully explored by the full court. It has implications beyond this particular case. It is an important matter.
2.	We are not satisfied, however, that there is any real prospect of the appeal succeeding on the grounds set out in section B of the draft notice of appeal relating to the fairness of the proceedings, specifically in relation to the actions of Mrs Dean in her letter of 16th September 1997 and the memorandum of Mr Andrews to the Appeal Board following the reserving of its decision. We do not grant permission to appeal on those grounds. 
3.	The appeal will be limited to points made relating to the decisions of Mr Justice Bell, Mr Justice Garland and Mr Justice Lightman and the submissions on the proper approach to the Health Circular. 
Order: application for permission to appeal granted on limited basis (time estimate for hearing 1 day).
(Order does not form part of approved Judgment)