In a recent TCC decision, Mrs Justice O’Farrell has reiterated that the Courts will enforce contractual dispute resolution procedures and give parties every opportunity to settle disputes before pursuing litigation.
To adopt the description of my learned colleague in Chambers: “This is absolutely massive. Was justiciable and was unlawful. Prorogation was void and of no effect.”
The employee appealed against the Employment Tribunal’s dismissal of his harassment claim which arose out of his (female) line manager giving him massages at work.
The Upper Tribunal (Lands Chambers) has answered a very important practical question about beneficial interests – despite being able to determine whether a party has a beneficial interest in land, the First-tier Tribunal has no jurisdiction to quantify it.
The highest courts in England and Wales, and in Scotland, considered prorogation in principle, and the decision to prorogue on 9 September 2019 in practice, before coming to a different, reasoned judgment and opinion, respectively.