Appeal No.	 EAT/681/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 16 October 1997

Before
HIS HONOUR JUDGE D PUGSLEY
MR J R CROSBY
MR N D WILLIS

MR D PANTON	APPELLANT

SANCTUARY MUSIC PRODUCTIONS LTD	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised

	APPEARANCES

For the Appellant	MR A McGUINNESS
(of Counsel)
(Free Representation Unit)	

	JUDGE PUGSLEY:     This is a case in which we have to consider whether there is an arguable point of law. The ground of appeal set out a number of subsidiary ground, if we may say so. The central ground is this: was the tribunal justified in coming to the decision that it did at paragraph 20(iii), that as the appellant:

“... had 26% of the shares in his own name and he had the support of 25% held by his wife. As relations between them were amicable  we have no reason to believe that she would not have voted with him if there were any dispute between himself and Sanctuary.”

	We have been referred to the following case Employment Secretary -v- Chapman [1989] ICR 771 at page 779, where Staughton LJ says this:

	“What is clear is that a husband is not presumed in law to be able to direct the voting of his wife.”

	We consider that there is an issue as to whether the tribunal were entitled to direct themselves as they did in the paragraph to which I have adverted, and that there is an arguable point which is justified as an issue of law for the determination of the tribunal.