header-logo header-logo

02 April 2015 / Ryan Clement
Issue: 7647 / Categories: Features , Employment
printer mail-detail

Back to basics

Chapman v Simon is alive and kicking after 20 years, says Ryan Clement

As advocates in court, as well as in the employment tribunal, it is important to remain focused on what is being alleged by the claimant(s), what has been agreed as being the issues in the case (preferably from the outset of the hearing) and what evidence is needed in law to prove a case. In the heat of an adversarial exchange there is the temptation either to seek to prove or to disprove everything that is raised in witness statements/oral evidence irrespective of their relevance to the issues on which the tribunal has to decide. And, unfortunately, it is just not the advocates. We have seen cases where tribunals themselves have wrongly and/or mistakenly awarded claimants remedies in cases based on findings that were not in fact relevant to the complaint brought or pleaded.

Chapman v Simon

The Court of Appeal authority of Chapman and another (appellants) v Simon (respondent) [1994] IRLR 124 is still alive and kicking after 20 years. In

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll