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11 January 2013 / James Chegwidden
Issue: 7543 / Categories: Features , Procedure & practice
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Conceding the point

What happens when one party appears to concede an important part of their case, asks James Chegwidden

When can a party be said conclusively to have conceded a point? How should lawyers deal with concessions or apparent concessions? And what should tribunals (and lawyers) do where a concession made on a point of law is simply wrong? These questions faced the Employment Appeal Tribunal (EAT) in Ségor v Goodrich Actuation Systems Limited [2012] UKEAT/0145/11/DM. Its judgment sets down the approach to take, especially where the party apparently conceding a point is unrepresented. The procedure recommended to parties and lawyers finding themselves in this position is likely to become best practice in such situations in future.

Concessions generally

As is elementary, a claimant in civil litigation bears the onus of proving his own case. To do that, a claimant has full freedom to frame his own case as he sees fit. The same applies to a defendant, who enjoys the right to frame his defences as he considers best. If, after framing an argument,

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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