New Tribunal Procedure Regulations

legal updates

Further to our last legal update, here is the second revised rule.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Further to our last legal update, here is the second revised rule;

2.    Overriding objective for all proceedings

The overriding objective of proceedings has been slightly amended:

The 2004 Rules state that the overriding objective is:
(a) ensuring that the parties are on an equal footing;
(b) dealing with the case in ways which are proportionate to the complexity or importance of the issues;
(c) ensuring that it is dealt with expeditiously and fairly; and
(d) saving expense.

The 2013 Rules state:

(a) ensuring that the parties are on an equal footing;
(b) dealing with cases in ways which are proportionate to the complexity and importance of
the issues;
(c) avoiding unnecessary formality and seeking flexibility in the proceedings;
(d) avoiding delay, so far as compatible with proper consideration of the issues; and
(e) saving expense.

So a change here towards informality, flexibility and speed. Maybe this reflective of the number of claims that are now being processed on a yearly basis. How rigidly this will be applied is, however to be seen.

There is an emphasis on the use of alternative dispute resolution as appose to Tribunal proceedings, this is already in place with the ACAS Pre claim conciliatory service which has been running for some time now. However Rule 3 make reference to Judicial and other types of mediation being utilised for the benefit of the parties.

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Rejected flexible working request: £30,000 injury to feelings award!

An employee lost her flexible working arrangements and walked away with a £30,000 injury-to-feelings award. See how inconsistent WFH decisions triggered the payout.

From Day-One Rights to Six-Month Deadlines: Your Quick-Fire Guide to the Employment Rights Bill

Sweeping reforms are on the way for UK employers. Here’s your month-by-month cheat sheet to make sure you’re ready—before employees start asking the tough questions.

Employment Rights Bill is in the Lords

A 310-page shake-up is heading for the Lords, and if you’re an employer, it’s time to brace for the biggest overhaul to workplace rights in decades.

Holiday Entitlement Updates for Zero-Hours and Casual Contracts

This serves as a reminder of these important changes and outlines the actions required to ensure compliance.

Notice to Dismiss – Reminder!

The law states an employer or employee who terminates employment is required to provide the following notice…

Overview of Contemplated Employment Law Changes

We will continue to keep our members informed as more details emerge and as the timeline for these changes becomes clearer.

Changes to Sexual Harassment Law

In addition to safeguarding employees from harassment by colleagues, the duty extends to third-party harassment, such as harassment by customers.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.