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11 March 2010
Issue: 7408 / Categories: Case law , Law digest
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Employment

Radakovits v Abbey National Plc [2009] EWCA Civ 1346, 010] All ER (D) 16 (Mar)

Authority established that time limits in the context of unfair dismissal claims went to jurisdiction, and that jurisdiction could not be conferred on a tribunal by agreement or waiver. The question of jurisdiction had to be taken by a tribunal if it considered that the issue was a properly live one. It was true that a tribunal could not exercise jurisdiction by concession and equally, in an appropriate case, the tribunal would be obliged to raise the issue of jurisdiction even though it had not been identified by the employers.

Tribunals properly had to guard against exercising a jurisdiction when the statutory conditions were not met. But they were not bloodhounds who had to sniff out potential grounds on which jurisdiction could be refused. If the parties agreed that a particular claimant was an employee, for example, then there would have to be good reason for the tribunal to doubt that that was the case and to require a preliminary hearing to investigate

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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