Wednesday 19 January 2011

Syvret sues for unfair dismissal


Former Senator Stuart Syvret was in court today to prove he has a case to sue for unfair dismissal - but told Channel TV he fears he will not win if it goes to trial.

Mr Syvret is suing the Chief Minister, the Council of Ministers, The States Employment Board and the Attorney General for process that led to what he claims was 'unfair dismissal' from his role as Minister for Health and Social Services in 2007.

A directions hearing took place under Jonathan Sumption QC in relation to the Order of Justice filed by Mr Syvret at the end of last year.

In the States on Monday, Chief Minister Terry Le Sueur, who appears as a defendant in the proceedings, informed members that he had instructed the Solicitor General to apply for the case to be struck out on behalf of all the defendants.

Jonathan Sumption will be giving directions as to the further conduct of proceedings and the timing of a hearing of an application to strike out the case.

In his statement, the Chief Minister said: "The ability of the court to strike out proceedings is a mechanism to enable the early stopping of proceedings that have no real legal prospect of success. It is a decision generally taken on the documentation before the court and is only ordered in plain and obvious cases. I am advised by the Solicitor General that this is such a case."

At a hearing under Julian Clyde-Smith at the end of last year Mr Syvret was adamant that no local judge would meet the test of objectivity required, and asked that an external judge be brought in to hear the strike out application or the full trial should it go ahead.

It was then announced that Jonathan Sumption QC would be taking over the case in the New Year.

Jonathan Sumption, QC, has been involved in a string of high profile cases, most notably he represented the UK government in the Hutton inquiry into the death of David Kelly, the arms control expert; and in a class action brought by shareholders of Railtrack, the collapsed national railways infrastructure company.

Syvret sues for unfair dismissal