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15 February 2013
Issue: 7548 / Categories: Case law , Law digest , In Court
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Employment Appeal Tribunal

Collen v Partners of Haxby Practice UKEAT/0120/12/DM, [2013] All ER (D) 11 (Feb)

A divergence between a tribunal’s oral and written reasons would never, without more, give rise to a valid ground of appeal. Normally any written reasons supplied pursuant to r 30(3) of the Tribunal Rules would closely correspond to the oral reasons given at the conclusion of the hearing. The usual practice was that the oral reasons were recorded on tape and if a request for written reasons was made, a transcript would be provided to the judge, and would constitute, in effect, the first draft of the written reasons. There would almost always, however, be some degree of editing. However, every now and then there would be cases where the process of revision was so extensive that whether the judge appreciated it or not, the reasoning expressed in support of the conclusion differed in substance from the oral reasoning: sometimes the difference might be patent, but sometimes it might only be apparent on a careful analysis. Such a departure from the initially expressed

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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