Neary v Governing Body of St Albans Girls’ School and another [2009] EWCA Civ 1190, [2009] All ER (D) 144 (Nov)
Parliament had deliberately not incorporated CPR 3.9(1) into employment tribunal practice when it chose to incorporate the overriding objective of the CPR, since it had always been the intention of Parliament that tribunal proceedings should be as short, simple and informal as possible. Where Parliament had decided not to incorporate into tribunal practice a set of requirements such as those in CPR r 3.9, it was not proper for the courts to incorporate them by judicial decision.
The judge had to consider all the relevant factors and had to avoid considering any irrelevant ones. Although he might find the list in CPR r 3.9(1) to be a helpful checklist, that list might not cover everything relevant, and he was not under any duty expressly to set out his views on every one of those factors.
