header-logo header-logo

On hold?

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll