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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
printer mail-details

MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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