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The Employment Tribunal is currently undergoing a period of significant change. The introduction of fees and the early conciliation process has reduced the total number of cases, and now reducing delay is on the agenda. Proposed legislation focuses on delays caused by parties applying for multiple postponements or adjournments of proceedings, particularly where applications are made at short notice.
The Small Business, Enterprise and Employment Bill will allow the Government to introduce legislation to address these delays by limiting the number of times a party can apply for postponement or adjournment, and by requiring Tribunals to consider making an order for costs against a party who makes a late application to postpone or adjourn.
It is not yet clear what will amount to a ‘late application’, but the introduction of a costs penalty should be seen as a warning to parties to manage their cases to ensure that applications to postpone should be made at the earliest time possible.
The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.
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Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.
Mediation has long been considered an effective method of alternative dispute resolution. With ‘in-person’ mediations no longer possible, remote or online mediations have risen to the fore.
Senior Associate
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