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England and Wales Case Law

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Employment law

Car Sales Solutions Limited v V Riekstins

The EAT held that the tribunal wrongly refused Car Sales Solutions’ reconsideration application and remitted it to a different Employment Judge.

  • Reconsideration of judgment
  • Procedural impropriety
  • Extension of time
  • Fair hearing
  • Employment-tribunal-reconsideration
  • Procedural-impropriety
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Employment law

Hypervolt Limited v S Jackson

The Employment Tribunal failed to properly consider the entirety of Hypervolt's applications, did not apply the mandatory process required by Rule 72, and did not provide adequate reasons for its decision, warranting remittal for reconsideration.

  • Extension of time
  • Reconsideration of judgment
  • Default judgment
  • Adequacy of reasons
  • Procedural fairness
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Employment law

Ministry of Justice v J McGrandle

The Employment Appeal Tribunal allowed the Ministry of Justice’s appeal after finding the tribunal had relied on a materially false fact about the claimant’s bereavement.

  • Part-time workers
  • Discrimination
  • Withdrawal of claim
  • Reconsideration of judgment
  • Extension of time
  • Employment-law
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Employment law

E Cottrell v Avon Cosmetics Ltd

The Employment Appeal Tribunal dismissed Mrs Cottrell’s appeal against refusal to reconsider dismissal of her claim against Avon for failure to meet ACAS early conciliation rules.

  • Acas early conciliation
  • Jurisdiction
  • Addition of parties
  • Reconsideration of judgment
  • Acas-early-conciliation
  • Employment-tribunal-jurisdiction
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Employment law

O Dafiaghor-Olomu v Community Integrated Care

The EAT held that prior payments must be deducted before applying the unfair dismissal compensation cap, and upheld refusal to reconsider re-engagement.

  • Unfair dismissal
  • Compensation calculation
  • Re-engagement
  • Reconsideration of judgment
  • Finality of litigation
  • Unfair-dismissal
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Civil procedure [2021] EWHC 3343 (Ch)

Docklock Ltd v C Christo & Co Ltd

Docklock Ltd v C Christo & Co Ltd [2021] EWHC 3343 (Ch) (10 December 2021)

The High Court refused Docklock’s application to reopen an occupation charge issue, holding that no sufficiently compelling reason justified reconsideration after trial.

  • Reconsideration of judgment
  • Occupation charge
  • Expert evidence
  • Valuation methodology
  • Finality of judgments
  • Reconsideration-of-judgment
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Civil procedure

Docklock Ltd v C Christo & Co Ltd

The High Court refused Docklock’s post-trial application to reconsider the occupation charge, holding there was no compelling reason to reopen the issue.

  • Reconsideration of judgment
  • Occupation charges
  • Expert evidence
  • Finality of judgments
  • Reconsideration-of-judgment
  • Finality-of-judgments
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Court of protection [2018] EWCOP 16

A (A Patient, Now Deceased), Re (No 3)

A (A Patient, Now Deceased), Re (No 3) [2018] EWCOP 16 (13 July 2018)

The Court of Protection dismissed Desmond Fitzgerald’s paper application to reconsider two 2016 costs orders, finding his “new evidence” unsupported and his allegations meritless.

  • Costs orders
  • Reconsideration of judgment
  • Abuse of process
  • Civil restraint orders
  • Appeals
  • Judicial conduct
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Civil procedure

A (A Patient, Now Deceased), Re (No 3)

The Court of Protection dismissed Mr Fitzgerald’s application to reconsider costs orders, finding his alleged new evidence did not justify reopening the matter.

  • Costs orders
  • Reconsideration of judgment
  • Abuse of process
  • Civil restraint orders
  • Court-of-protection
  • Costs-orders
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.