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NLJ this week: Minor errors—from misery to forgiveness?

05 July 2024
Issue: 8078 / Categories: Legal News , Procedure & practice , Employment , Tribunals
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Some errors are small and forgivable, but whether this is so may depend on the judge

In this week’s NLJ, Ffyon Reilly, barrister at No5 Barristers’ Chambers and senior lecturer at City Law School, takes a look at judicial discretion in the employment tribunals.

Reilly considers case law around rule 37, which requires an appeal to be instituted within 42 days. Subsections refer to minor infractions and the recommended course of judicial action.

Reilly covers amendments to the rules, as well as cases illustrating how courts have responded to various minor errors. She writes: ‘This unforgiving set of rules was applied uniformly to provide what the Court of Appeal described in Jurkowska… as an “equality of misery”, when looking at examples of having to refuse to waive delays of mere minutes or hours in filing “where they would not have hesitated to enlarge time had there been a similar lapse in filing the papers in the Civil Appeals Office”.’

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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