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29 September 2011
Issue: 7483 / Categories: Case law , Law digest , In Court
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Employment

Jones v Thornton UKEAT/0068/11/SM, [2011] All ER (D) 122 (Sep)

It was established law that when reviewing the rejection of a late-lodged ET3, the tribunal was entitled to exercise a broad discretion in the interests of justice; restrictive rules were not to be applied. The respondent’s explanation for his failure to lodge a response in time would always be relevant. If the delay was the result of a genuine misunderstanding or an accidental or understandable oversight, the tribunal might be much more willing to allow the late lodging of a response.

The length of the delay was also a relevant factor. Further, it was necessary to consider the prejudice to the parties if the extension was either granted or not granted. In that context, the merits of the respondent’s defence would always in principle be relevant, because it was obviously a serious matter for a respondent to be held liable, owing to a procedural default, for a wrong that he might not have in fact committed.
 

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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