The Case Management Decision was made within ongoing proceedings. There were two grounds of appeal. First, that the judge incorrectly refused permission to amend the claim to include a claim of direct discrimination because of perceived disability, after the Tribunal had determined that the Claimant did not, at the material time, have a disability claim. Second the judge had erred in refusing to grant an anonymisation order in the face of new evidence.

HHJ Tucker allows the appeals broadly because on the amendment the judge's reasoning was not just succinct but insufficient, especially given the claimant was a litigant in person. The judge had also been wrong on the anonymisation order as in the light of the claimant's evidence from a GP about suicidal thoughts, the principle of open justice must give way to the Claimant’s Article 2 rights.