Brevity extremity - Fairbank v Care Management Group; Evans v
Svenska Handelsbanken AB Two cases involving very long ET1s
(Tribunal Claim Forms) prepared by the same firm of solicitors.
How long is very long? In this case, around 27 pages. The
employment judge considered this to be too long and ordered that
the ET1s be condensed to a single page each. The solicitors
objected but the Regional Employment Judge responded by explaining
the requirements of 'Details of claim' in the Rules.
"The Tribunal has to manage thousands of cases a year and most
claimants are able to provide a description of the events relevant
to their claim, no more complex than [these], confining themselves
to one or two sides of A4," the Judge said.
The claimants appealed and won. It is for the claimant to decide
how to present their claim, said the Employment Appeal Tribunal. It
held that the tribunal's decision to limit the content of an
ET1 was an error of law/perverse. The proper course of action was
to narrow issues during a case management hearing and by striking
out any irrelevant material at that stage.
Thomas Eggar LLP is a limited liability partnership
registered in England and Wales under registered number OC326278
whose registered office is at The Corn Exchange, Baffin's Lane,
Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word
'partner' refers to a member of the LLP, or an employee or
consultant with equivalent standing and qualifications. A list of
the members of the LLP is displayed at the above address, together
with a list of those non-members who are designated as partners.
Regulated by the Solicitors Regulation Authority. Lexcel and
Investors in People accredited.
Thomas Eggar LLP is not authorised by the Financial
Services Authority. However, we are included on the register
maintained by the Financial Services Authority so that we can carry
on insurance mediation activity which is broadly the advising on,
selling and administering of insurance contracts. This part of our
business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
clients and other readers. It is not a substitute for considered
advice on specific issues. Consequently, we cannot accept any
responsibility for this information or for any errors or
Specific Questions relating to this article should be addressed directly to the author.
In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick  EWCA Civ 1399).