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25 September 2008
Issue: 7338 / Categories: Case law , Tribunals , Law digest , Employment
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Employment law

GFI Holdings Ltd v Camm [2008] All ER (D) 74 (Sep)

An employment tribunal has a broad discretion to stay proceedings before it under r 10(2)(h) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), particularly where there are parallel High Court proceedings arising out of similar facts. It is generally desirable to dispose of High Court actions first where there are issues in both sets of proceedings which are substantially the same.

The factors to be taken into account when determining whether or not a stay is appropriate include the degree of similarity of issues between the two sets of proceedings, the complexity of those issues, the technicality of the evidence, the amount of damages claimed, the need for an orderly disposal of proceedings, and the delay that would be occasioned by postponing the tribunal proceedings.

Issue: 7338 / Categories: Case law , Tribunals , Law digest , Employment
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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