Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Guidance - No Tribunal Fees Decision

Employment and Discrimination Law

Re: Guidance - No Tribunal Fees Decision

Postby atticus » Sat Sep 02, 2017 9:19 am

The task of each court is to decide the case before it. As you will know, having commented on the case at each stage of its progress, they did. The courts of the United Kingdom do not duck that responsibility, referring cases to a higher court instead. They decide the case. They may give permission to appeal, but they decide the case first.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Guidance - No Tribunal Fees Decision

Postby Hairyloon » Sat Sep 02, 2017 10:09 am

atticus wrote:The unsuccessful party in each of the lower courts appealed.

That is a stock answer. Do you have anything more enlightening?
Nulli vendemus, nulli negabimus aut differemus, rectum aut justiciam is a fairly well established principle: how did the lower courts manage to forget that?
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10016
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Guidance - No Tribunal Fees Decision

Postby atticus » Sat Sep 02, 2017 10:38 am

That is the answer. May I remind you that you said it was a silly question, and you know what they get.

It also appears that you have not yet read my subsequent post.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Guidance - No Tribunal Fees Decision

Postby atticus » Sat Sep 02, 2017 10:42 am

For the benefit of other readers, would you please explain that latin maxim, and how it applies to the subject under discussion.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Guidance - No Tribunal Fees Decision

Postby dls » Sat Sep 02, 2017 10:56 am

Nice bit of quotation from Magna Carta, and I am sure it applies as a principle, but its application may have undergone several generations of differentiation.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12195
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Guidance - No Tribunal Fees Decision

Postby Hairyloon » Sat Sep 02, 2017 12:06 pm

atticus wrote:That is the answer...

No, that is part of the answer: the unsuccessful party appealed and had grounds to appeal. Had the case been properly decided earlier on, then they would not have had grounds.
May I remind you that you said it was a silly question...

You may not. I said it might be a silly question.
It also appears that you have not yet read my subsequent post

Correct. I'll get onto it later. ;)
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10016
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Guidance - No Tribunal Fees Decision

Postby atticus » Sat Sep 02, 2017 12:37 pm

What, then, of appeals made with permission but which are ultimately unsuccessful. Are they groundless?
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Guidance - No Tribunal Fees Decision

Postby Hairyloon » Sat Sep 02, 2017 2:25 pm

atticus wrote:What, then, of appeals made with permission but which are ultimately unsuccessful. Are they groundless?

Why does a judge give permission to appeal his own judgment if not because he is not certain of it and seeks the assurance of a higher authority?
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10016
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Guidance - No Tribunal Fees Decision

Postby Hairyloon » Sat Sep 02, 2017 2:40 pm

atticus wrote:For the benefit of other readers, would you please explain that latin maxim, and how it applies to the subject under discussion.

I don't think I can put it better than Lord Reed:

“We will sell to no man, we will not deny or defer to any man either Justice or Right.”

Those words are not a prohibition on the charging of court fees, but they are a guarantee of access to courts which administer justice promptly and fairly.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10016
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Guidance - No Tribunal Fees Decision

Postby atticus » Sat Sep 02, 2017 3:24 pm

OK, so you are focussing on the arguments in the specific case, not appeals generally and the reasons permission is given to appeal.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

PreviousNext

Return to Employment

Who is online

Users browsing this forum: No registered users and 1 guest

cron