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10 February 2012 / Felicia Epstein
Issue: 7500 / Categories: Features , Tribunals , Employment
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On hold?

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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