Dodd v (1) UK Direct Business Solutions Limited (2) Mr S Moselmi [2022] EAT 44

Appeal against refusal of an application for specific disclosure in proceedings alleging dismissal because of protected disclosures.

The claimant made the request as she believed the documents sought would likely show the allegations of wrongdoing - furlough grant fraud and mis-selling - that were the subject of her claimed PDs were factually true. The judge rejected the application as "the documents sought are of limited relevance, and bearing in mind the overriding objective, I am not persuaded that their disclosure is necessary for the fair disposal of the case”

HHJ Auerbach dismissed the bulk of the appeal as the judge had correctly directed itself as to the essential guiding principles of law, which he usefully summarises in how own introductory summary to the judgment, However, certain of the requests relating to a claimed PD of alleged furlough-grant fraud warranted further consideration. The appeal was allowed in respect of those requests.

Published: 24/03/2022 14:25

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