header-logo header-logo

10 February 2012 / Felicia Epstein
Issue: 7500 / Categories: Features , Tribunals , Employment
printer mail-detail

On hold?

hires_1_4

When should junior court proceedings be stayed in favour of the High Court, asks Felicia Epstein

There are two sets of civil proceedings between the same parties, one in the High Court and the other in a more junior civil court or tribunal. In what circumstances should the more junior court stay the case before it in favour of the High Court proceedings? And should it take a different approach if High Court proceedings have been threatened but not yet issued? These questions have been considered by the same Employment Appeal Tribunal (EAT) judge in two different cases.

Mindimaxnox

In Mindimaxnox LLP v Gover & Ho (2010) UKEAT/0225/DA, [2011] All ER (D) 146 (May), HHJ McMullen QC explored the factors which an employment tribunal should consider when deciding whether to stay the employment tribunal proceedings in favour of proceedings between the same parties in the High Court. His conclusions may be summarised in six principles:

(i) It is not the case that simply because there are complex factual matters the employment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll