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05 July 2024 / Ffyon Reilly
Issue: 8078 / Categories: Features , Procedure & practice , Employment , Tribunals
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Extending time: from misery to forgiveness?

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Ffyon Reilly looks at recent case law on judicial discretion as to minor errors
  • Discusses the judicial discretion offered by r 37(5) as to ‘minor error’, referring to Melki v Bouygues E and S Contracting UK and Jasim v LHR Airports.
  • Changes to r 37 apply to pending as well as future proceedings.
  • Addresses question of when two employment tribunal claims are consolidated and when they are tried together.

‘The denizens of the Employment Appeal Tribunal seem to me to be a hard-hearted lot… and mercy flows thinly in the lifeblood of the rules,’ remarked the Court of Appeal in Woods v Suffolk Mental Health NHS Trust [2007] EWCA Civ 1180. This observation refers to r 37, which requires an appeal to the EAT to be instituted within 42 days of the sending out of the tribunal’s reasons. United Arab Emirates v Abdelghafar & Anor [1995] IRLR 243, [1995] ICR 65 confirmed this rule, laying out the test for granting an extension:

a. What is the explanation

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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