*/
Estoppel – Issue estoppel. The claimant had issued proceedings in the employment tribunal against the defendant employer. He had brought his claim out of time and the tribunal declined to exercise its jurisdiction to hear the claim. Subsequently, the claimant issued proceedings in negligence and breach of contract in the High Court. His claim was struck out on the ground of issue estoppel. The Court of Appeal, Civil Division, allowed the claimant's appeal. It held that there was no justification for the principle applying in circumstances where there had been no actual adjudication of any issue and no action by a party which would justify him as having consented, either expressly or by implication, to having conceded the issue by choosing not to have the matter formally determined. The fact that there had been a substantive hearing of the issue of jurisdiction had not been enough to have brought the principle of issue estoppel into play.
Estoppel – Issue estoppel. The claimant had issued proceedings in the employment tribunal against the defendant employer. He had brought his claim out of time and the tribunal declined to exercise its jurisdiction to hear the claim. Subsequently, the claimant issued proceedings in negligence and breach of contract in the High Court. His claim was struck out on the ground of issue estoppel. The Court of Appeal, Civil Division, allowed the claimant's appeal. It held that there was no justification for the principle applying in circumstances where there had been no actual adjudication of any issue and no action by a party which would justify him as having consented, either expressly or by implication, to having conceded the issue by choosing not to have the matter formally determined. The fact that there had been a substantive hearing of the issue of jurisdiction had not been enough to have brought the principle of issue estoppel into play.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
The Ministry of Justice will match-fund up to 100 criminal pupillages, with grants available to criminal chambers across England and Wales. Similar to the COIC scheme, the grants will match-fund pupillages additional to those otherwise offered without government funding
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control
