J Abbey & Ors v Tesco Stores Limited & Anor
[2024] EAT 76
E Aird & Ors v Asda Stores Ltd & Ors
16 April 2024
[2024] EAT 52
Employment Appeal Tribunal
Lawyers for some Asda workers sued Asda for equal pay. They wanted access to ALL the documents in a separate, similar lawsuit. The judge said no, only giving them access to some information. The appeal court agreed with the judge, saying that the judge had the right to make these types of decisions about the court process.
Key Facts
- •Multi-claimant equal pay litigation against Asda.
- •Two groups of claimants: Brierley Multiple (represented by Leigh Day) and Calder Multiple (partially represented by Keller Postman).
- •Keller Postman sought access to all private hearings and documents in the Brierley Multiple.
- •Employment Judge (EJ) Horne allowed access to hearings but denied access to all documents.
- •Keller Postman appealed this decision to the EAT.
Legal Principles
In group litigation, the entitlement to be represented by solicitors of choice is qualified by the need for efficient case management.
Lungowe v Vedanta Resources PLC [2020] EWHC 749 (TCC)
The overriding objective requires a decision balancing justice and fairness to all, considering all relevant circumstances.
Appellants' skeleton argument
The EAT's review of case management decisions is limited; interference is only justified if the judge misdirected himself, failed to consider relevant factors, considered irrelevant factors, or reached a perverse decision.
Case law cited in the judgment
The right to be placed on an equal footing in litigation is not absolute and may yield to other aspects of the overriding objective.
EJ Horne's decision
Outcomes
Appeal dismissed.
The EJ acted within his discretion in balancing the competing interests. He was entitled to consider the inequality stemming from the claimants' choice of representation and to prioritize efficient case management of the Brierley Multiple.
Access to all private hearings granted.
The EJ found this necessary for Keller Postman’s clients to understand the progress of the Brierley litigation.
Access to all documents between the parties to the Brierley Multiple denied.
The EJ found this disproportionate and that access to hearing bundles and attendance at hearings adequately protected Keller Postman's clients' interests. The EJ considered the potential for disruption and the need to avoid undermining Leigh Day's management of the Brierley claims.