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New rules for old?

25 June 2010 / Ian Smith
Issue: 7423 / Categories: Features , Employment
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Ian Smith reports on a case which could open up a pallet of worms

Every now and then when reading a case you start to feel, in the words of that great Irish jurist Terry Wogan, “Is it me?”. In other words, is it genuinely strange, or am I missing something?

The most positive thing to say about Edwards v Chesterfield Royal Hospital Trust [2010] EWCA Civ 571, [2010] All ER (D) 247 (May) is that permission is being sought to appeal to the Supreme Court; it is to be hoped that it will be granted because as it stands this decision could open up a veritable pallet of cans of worms, without it being too obvious on what basis.

To be fair, one problem was that the appeal took the form of an appeal against a striking out application (rather than a final judgment on the facts) which can often complicate matters and, moreover, it appears that the original grounds of appeal (on whether Art 6 of the European Convention on Human

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