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13 November 2009
Issue: 7393 / Categories: Case law , Law digest
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Employment

Tariq v Home Office [2009] All ER (D) 100 (Nov)

The procedure sanctioned by r 54 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), was not incompatible with the employee’s right under Art 6 of the European Convention on Human Rights to a fair hearing, or his right under Community law to an effective judicial remedy.

Whether the withholding of materials from a claimant pursuant to r 54 would render the hearing unfair would depend on the nature of the open and closed materials in the light of the allegations being made.

Article 6 required that the employee be provided with the allegations being made against him in sufficient detail to enable him to give instructions to his legal team so that those allegations could be challenged effectively.
 
 

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An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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