0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Yell Ltd v Garton, Court of Appeal, 2 February 2004

10 February 2004
The issues

Appeals – settlement – notification of Court – professional obligations.

The facts

The Claimant had appealed from the Employment Appeal Tribunal. The matter was listed before the Court of Appeal for 2 days to begin on a Monday. At 4.00 pm on the Friday, an offer had been put to the Claimant and by 6.00 pm Counsel had been told that the matter had been compromised and that the Appeal could be withdrawn. Counsel’s Clerks were told, but took the view that it was too late to tell the Court who would have to be told at 9.00 am on Monday.

The decision

1. There was a professional obligation on those advising the parties to litigation, to notify the Court if there was a chance that judicial time would be wasted in preparing for an Appeal, but was the subject of negotiations, which might lead to settlement.

2. The Civil Appeals Office should have been notified that there were negotiations carrying on whilst it was open. Even at 6.00 pm it would have been possible to have contacted the switchboard at the Royal Courts of Justice (which was 24 hour) to telephone the Clerk to the Senior Presiding Judge or even the Judges themselves who were reading in for the case.

focus on...

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.


Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.


Legal updates

SRA Standards and Regulations November 2019

On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up