header-logo header-logo

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

05 July 2024
Issue: 8078 / Categories: Legal News , Procedure & practice , Employment , Tribunals
printer mail-detail
180619

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll