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04 February 2011 / Dr Jon Robins
Issue: 7451 / Categories: Opinion
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Ransom note

Nothing like a bit of lawyer-bashing to win over the hearts and minds of the British public...

Are employers being held to ransom by the employment tribunal system, asks Jon Robins

Nothing like a bit of lawyer-bashing to win over the hearts and minds of the British public, at least that’s how it seemed with last month’s proposals to reform the employment tribunals. Sample responses to the consultation paper include: “Too many employers are being held to ransom in employment tribunals by vexatious employees and ‘no win, no fee’ lawyers”, and “for far too long the tribunal system has put the interest of lawyers above those of employers and employees”. These were the views of the  Institute of Directors (IoD) and the Confederation of British Industry (CBI) respectively.

The business secretary Vince Cable told BBC Radio 4’s Today programme that “the fear” of tribunals was “a major impediment” for businesses recovering from the economic downturn and hiring workers. Listeners were told tribunal claims rose to 236,000 last year (“…a record rise of 56% on 2009…”) and that companies spent almost £4,000 on average to defend themselves

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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