Day: November 26, 2013

Similar fact evidence in Civil Proceedings

Posted on by Jagdeep Sandher

Similar fact evidence may be admitted in civil trials if:

  • the proposed evidence is probative of one or more issues in the current litigation; and
  • there are no good grounds why a court should decline to admit it in the exercise of its case management powers.

Matters relevant to this exercise of discretion include the need to weigh the potential probative value of evidence against its potential for causing unfair prejudice, and the need to consider the burden which its admission would lay on the resisting party. In addition, the court will consider the risk that the admission of similar fact evidence will distort the trial and distract the attention of the Court by expecting it to focus attention on issues collateral to the issue to be decided.

On any application, the Court will have regard to the need for proportionality, expedition and the overriding objective.

 

Internal appeal process continuing past 3 month deadline

Posted on by Aston Bond Law Firm

The statutory test that must be satisfied in order to bring an employment tribunal claim after 3 months from the effective date of termination (EDT) is that it was “not reasonably practicable” to do so.

The fact that an employee is pursuing an internal appeal does not, of itself, mean that it is not reasonably practicable for the employee to submit an employment tribunal claim within 3 months of the EDT, even if this means submitting the employment tribunal claim before the appeal has been concluded.

An application to extend the time limit for bringing an employment tribunal claim cannot be made preemptively i.e. before the 3 month deadline expires. Therefore, it would be advisable to file an employment claim at tribunal within the deadline, as opposed to making an after-the-event application – with no guarantee of success.

If an employee’s internal process is pending, it is advisable to request a stay of proceedings i.e. the claim be frozen, until completion of the internal appeal procedure.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

Our Solicitors in Slough can be contacted by calling 01753 486 777 or emailinginfo@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.