Anyway, the people hearing the appeal today would not grant leave to appeal or put another way, we don't need no re-Ron. H/T Gil Scott Heron
Needless to say, Dr Hirsh is not a happy bunny:
NB this was a hearing to gain leave to appeal this previous decision to allow a summary hearing of costs, it was not the appeal itself.So I presume the appeal won't happen now so it's full steam ahead to the costs hearing itself.
The Appeal Judge did not give leave to appeal. He refused to overrule the lower Judge’s determination that a fair hearing for costs can be carried out in two days.
In a verbal judgment, he seemed explicitly to close ranks with the lower Employment Tribunal Judges. He went out of his way gratuitously to praise the Snelson Judgment, saying that it was “very well written”. He quoted, apparently approvingly, the most trenchant and absurd paragraphs of the Snelson judgment, the ones which led to the recusal. He praised the chair of the new tribunal Judge Wade’s decision that a fair hearing for costs can be carried out in one day of reading and one day of argument, with no new evidence, no witnesses, relying mainly on the Snelson judgment which itself went far beyond its remit in the determination of facts and offered opinion about the bad faith, underhand intentions and wastefulness of the whole action.
The hearing for costs will take place next Wednesday, the first day of Channukah. Nobody is expecting a miracle.