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20 November 2009
Issue: 7394 / Categories: Case law , Law digest
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Employment

Neary v Governing Body of St Albans Girls’ School and another [2009] EWCA Civ 1190, [2009] All ER (D) 144 (Nov)

Parliament had deliberately not incorporated CPR 3.9(1) into employment tribunal practice when it chose to incorporate the overriding objective of the CPR, since it had always been the intention of Parliament that tribunal proceedings should be as short, simple and informal as possible. Where Parliament had decided not to incorporate into tribunal practice a set of requirements such as those in CPR r 3.9, it was not proper for the courts to incorporate them by judicial decision.

The judge had to consider all the relevant factors and had to avoid considering any irrelevant ones. Although he might find the list in CPR r 3.9(1) to be a helpful checklist, that list might not cover everything relevant, and he was not under any duty expressly to set out his views on every one of those factors.

 

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MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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