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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ezsias v Welsh Ministers [2008] EWCA Civ 874 (24 June 2008) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2008/874.html Cite as: [2008] EWCA Civ 874 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CARDIFF DISTRICT REGISTRY
(HIS HONOUR JUDGE HICKINBOTTOM)
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
EZSIAS |
Appellant |
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- and - |
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WELSH MINISTERS |
Respondent |
____________________
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
____________________
(AS APPROVED BY THE COURT)
CROWN COPYRIGHT©
Crown Copyright ©
Lord Justice Ward.:
Order: Application granted
I add this postscript. I have been told this afternoon that the proceedings in the Employment Tribunal were heard over 39 long, agonising and, doubtless, horrible days. Judgment is reserved. The purpose which lay behind the application for these documents always has been, as I understand it, to give the applicant documents which may have some bearing, throw some light on the behaviour of those who were responsible for dismissing him and which go to the heart of the Employment Appeal hearing, where, he says, he has been discriminated against as a whistleblower. If that hearing has been concluded, unless these documents produce some smoking gun, this whole appeal may be a complete waste of time and money for the parties concerned, fascinating though it will be to clarify the correct ambit of the Act. In those circumstances, where what truly may now be the important question, namely the order for costs and the implementation, the execution of that order for costs, it seems to me daft for these parties to embark upon this appeal without having thought of undertaking some process of mediation.
The applicant tells me he has been endeavouring to persuade the Welsh Ministers to engage in some discussion with him but without effect, and therefore I add my exhortation that mediation should be undertaken because it could produce the answer of practical importance to these parties. It will save the Court of Appeal a great deal of work, and so I encourage it heartily and I add the usual direction to an order of this kind that the order note that mediation is urged upon these parties, who may use the court office to facilitate that mediation if they so desire, to take up the court's facility for bringing about a successful mediation with a qualified mediator to conduct it. So I very much hope that, before the expense of an appeal is incurred, that the parties do consider what is now truly at stake between them.
I add this postscript. I have been told this afternoon that the proceedings in the Employment Tribunal were heard over 39 long, agonising and, doubtless, horrible days. Judgment is reserved. The purpose which lay behind the application for these documents always has been, as I understand it, to give the applicant documents which may have some bearing, throw some light on the behaviour of those who were responsible for dismissing him and which go to the heart of the Employment Appeal hearing, where, he says, he has been discriminated against as a whistleblower. If that hearing has been concluded, unless these documents produce some smoking gun, this whole appeal may be a complete waste of time and money for the parties concerned, fascinating though it will be to clarify the correct ambit of the Act. In those circumstances, where what truly may now be the important question, namely the order for costs and the implementation, the execution of that order for costs, it seems to me daft for these parties to embark upon this appeal without having thought of undertaking some process of mediation.
The applicant tells me he has been endeavouring to persuade the Welsh Ministers to engage in some discussion with him but without effect, and therefore I add my exhortation that mediation should be undertaken because it could produce the answer of practical importance to these parties. It will save the Court of Appeal a great deal of work, and so I encourage it heartily and I add the usual direction to an order of this kind that the order note that mediation is urged upon these parties, who may use the court office to facilitate that mediation if they so desire, to take up the court's facility for bringing about a successful mediation with a qualified mediator to conduct it. So I very much hope that, before the expense of an appeal is incurred, that the parties do consider what is now truly at stake between them