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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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