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Employment

27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
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Johnson v Oldham Metropolitan Borough Council [2013] All ER (D) 187 (Sep)

It was well established that it was a critical aspect of fairness that a party should know the case it had to meet. It was also a central tenet of justice that disputes should be heard where a fair hearing was possible and cases should not lightly be ruled out on a procedural technicality without determination on the merits. One way in which case management powers could be exercised in such a case would be to order particulars of the claim or response to be given.  If they were not given in response to such an order, whether through misunderstanding, mental illness, lack of awareness of that which the other party would need to meet the claim or response, or a deliberate refusal or failure to comply, an “unless order” might be made.  If such an order was not complied with within its terms by the date set out in the order, the claim or response would stand struck out without the need for any further

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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