Deman v Industrial Tribunals and Fair Employment Tribunal & Ors

Factual and Procedural Background

The Appellant has been a frequent litigant alleging unlawful discrimination on the grounds of race and/or religion in various courts and tribunals within this jurisdiction and in England and Wales. The present appeal concerns two sets of proceedings initiated by the Appellant alleging discrimination:

• Against the first Respondents regarding the handling and processing of discrimination claims related to a union and officers of his former employer;
• Against the second Respondents for their failure to support these claims.

Initially, the Appellant commenced proceedings by writs of summons in the High Court, which were struck out and the decision upheld on appeal. The claims, relying on statutory torts under the Race Relations (Northern Ireland) Order 1997 and the Fair Employment and Treatment (Northern Ireland) Order 1998, fell within the exclusive jurisdiction of the county court.

The Appellant subsequently issued civil bills seeking damages for injury to feelings. The county court dismissed the claims as time-barred and refused to extend time. The Appellant’s appeals against these dismissals were dismissed by the High Court, and the Appellant now seeks to appeal to the Court of Appeal.

The Court of Appeal raised the issue of its jurisdiction to hear these appeals under the relevant statutory framework.

Legal Issues Presented

1. Whether the Court of Appeal has jurisdiction to hear appeals from the High Court in cases involving statutory torts under the Race Relations (Northern Ireland) Order 1997 and the Fair Employment and Treatment (Northern Ireland) Order 1998;
2. Whether appeals from the county court in such statutory discrimination claims lie by way of Article 60 of the County Courts (Northern Ireland) Order 1980 to the High Court, or must be pursued by way of a case stated under Article 61 to the Court of Appeal;
3. The appropriate procedural route for appeals in cases involving statutory discrimination claims and the limits on further appeals beyond the High Court.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Court's Reasoning and Analysis

The Court analysed the statutory framework governing discrimination claims and the relevant appeal provisions. It noted that the 1997 and 1998 Orders create statutory torts with exclusive jurisdiction vested in the county court, which has no monetary limit on jurisdiction for these claims. The Court observed that neither statutory order provides for appeals from the county court, nor declares its decisions final.

The Court examined the County Courts (Northern Ireland) Order 1980, distinguishing between Article 60, which permits appeals to the High Court from county court decisions exercising original civil jurisdiction (Part III), and Article 61, which allows appeals by way of case stated to the Court of Appeal on points of law from any county court decision under any statute.

Since the statutory tort claims were not heard under the county court’s general civil jurisdiction but under the lex specialis conferred by the 1997 and 1998 Orders, the Court concluded that the Article 60 appeal route to the High Court did not apply. Consequently, the High Court lacked jurisdiction to entertain the appeal under Article 60, and no further appeal lies to the Court of Appeal except via the case stated procedure under Article 61 and Article 62.

The Court further held that even if the High Court had jurisdiction under Article 60, no general right of appeal to the Court of Appeal exists; the correct route would be to request the High Court judge to state a case for the Court of Appeal’s opinion.

Regarding the Appellant’s application for recusal of one of the judges, the Court referenced established principles that prior adverse comments or findings do not alone justify recusal. The application was refused as the Court was confident of the panel’s impartiality.

Holding and Implications

The Court held that it has NO JURISDICTION to hear the Appellant’s appeal from the High Court decision dismissing his claims on procedural grounds.

The appeal is therefore DISMISSED. The Court will hear submissions on costs separately.

This decision clarifies the appellate route in statutory discrimination claims under the 1997 and 1998 Orders, confirming that appeals from the county court must proceed by way of case stated to the Court of Appeal rather than by direct appeal to the High Court under Article 60. No new precedent beyond the immediate effect on the parties was established.