Miss Theresa Alabi v HMRC Closed Preliminary Hearing — 2023

At a preliminary hearing on 15 March 2023 before Employment Judge Truscott KC sitting alone, Miss Alabi sought a number of case-management orders, including specific disclosure, an anonymity order, orders about the late exchange of witness evidence, permission to add a respondent, and a cast list. The respondent was HMRC. The judge heard submissions from both sides and recorded that a 711-page bundle had been provided but was not intended to be referred to at the hearing.

The anonymity application was refused. The tribunal referred to the strong default position in favour of open justice under rule 50 and the authorities cited, including British Broadcasting Corporation v Roden and F v G. It found that no substantial basis had been advanced for departure from the normal rule, and that the claimant's complaints about the respondent's actions and redactions did not justify anonymisation.

The disclosure issue was not adjudicated at that stage; the claimant was given time at the hearing to clarify what she wanted, and the respondent was to consider the request. As to witness statements, the tribunal recorded that the claimant had now received them and that they would be relied upon at the final hearing, so no further order was necessary and the application was refused. The tribunal also explained that any application to add a respondent would need to be made with reasons, and that there was no need for a cast list order at that stage.