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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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