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04 August 2017 / Michael Salter , Chris Bryden
Issue: 7757 / Categories: Features , Employment
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Supreme Court gives tribunal fees the push

Chris Bryden & Michael Salter salute a masterpiece of judicial analysis of the constitutional right of access to justice

  • The statistics do not bear out the argument that weak unmeritorious claims were weeded out by the fees.
  • In the longer term, questions of the funding of the tribunal system will have to be addressed.

The Supreme Court handed down its decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 last week. The Court held that the requirement for claimants in employment tribunal and Employment Appeal Tribunal proceedings to pay fees in order to access the tribunal system was void ab initio on grounds of illegality both as a matter of domestic law and EU law. The judgment of Lord Reed (with whom Lords Neuberger, Mance, Kerr, Wilson and Hughes agreed) amounts to a masterpiece of judicial analysis of the constitutional right of access to justice. The judgment bears reading in full. Law students, particularly those playing constitutional law bingo will be delighted with a decision that references Donoghue v Stephenson; Coke’s Institutes; Blackstone’s Commentaries;

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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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