header-logo header-logo

On hold?

10 February 2012 / Felicia Epstein
Issue: 7500 / Categories: Features , Tribunals , Employment
printer mail-detail
hires_1_4

When should junior court proceedings be stayed in favour of the High Court, asks Felicia Epstein

There are two sets of civil proceedings between the same parties, one in the High Court and the other in a more junior civil court or tribunal. In what circumstances should the more junior court stay the case before it in favour of the High Court proceedings? And should it take a different approach if High Court proceedings have been threatened but not yet issued? These questions have been considered by the same Employment Appeal Tribunal (EAT) judge in two different cases.

Mindimaxnox

In Mindimaxnox LLP v Gover & Ho (2010) UKEAT/0225/DA, [2011] All ER (D) 146 (May), HHJ McMullen QC explored the factors which an employment tribunal should consider when deciding whether to stay the employment tribunal proceedings in favour of proceedings between the same parties in the High Court. His conclusions may be summarised in six principles:

(i) It is not the case that simply because there are complex factual matters the employment tribunal’s jurisdiction is thereby usurped: employment tribunals today deal with

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll