header-logo header-logo

27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
printer mail-detail

Employment

Johnson v Oldham Metropolitan Borough Council [2013] All ER (D) 187 (Sep)

It was well established that it was a critical aspect of fairness that a party should know the case it had to meet. It was also a central tenet of justice that disputes should be heard where a fair hearing was possible and cases should not lightly be ruled out on a procedural technicality without determination on the merits. One way in which case management powers could be exercised in such a case would be to order particulars of the claim or response to be given.  If they were not given in response to such an order, whether through misunderstanding, mental illness, lack of awareness of that which the other party would need to meet the claim or response, or a deliberate refusal or failure to comply, an “unless order” might be made.  If such an order was not complied with within its terms by the date set out in the order, the claim or response would stand struck out without the need for any further order. It was also well established that the scope of discretion

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll