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05 July 2024
Issue: 8078 / Categories: Legal News , Procedure & practice , Employment , Tribunals
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NLJ this week: Minor errors—from misery to forgiveness?

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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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
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