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13 February 2019 / Shane Crawford
Issue: 7828 / Categories: Features , Employment
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Striking the balance or striking out?

When should the justice of case proceedings prevail over hardnosed case management practice? Shane Crawford investigates
  • On consideration of decisions during 2018, the Employment Appeal Tribunal has demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.

The steady increase in claims and the pressure on tribunals’ resources bring a sharper focus to the case management powers invested in judges during the preliminary stages of claims.

Robust use of case management powers in the hands of employment judges is a natural progression. On consideration of decisions during 2018, the Employment Appeal Tribunal (EAT) has, however, demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.

Managing the issues

Managing the extent of the issues in discrimination claims: In Tarn v Dr Hughes & Ors UKEAT/0064/18/DM, [2018] IRLR 1021, the claimant was required by the judge to choose the ten ‘most recent and serious’

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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