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Case note: Jersey Employment and Discrimination Tribunal Judgment on staying proceeding, de Than v Institute of Law [2019]TRE203B

Published: 16 August 2021

In this case the Tribunal stayed proceedings at the point of the final hearing in light of welfare concerns arising in the course of an adjournment application.

The Claimant requested an adjournment on medical grounds on the first day of the final hearing of a long running case. No notice of the application had been given and no medical evidence was initially provided.  As the judgment notes: “the Tribunal was deeply concerned to receive an application for an adjournment after the final hearing had in fact commenced”. Given information subsequently submitted to the Tribunal by the Claimant, the Tribunal stayed the proceedings.

In a postscript to the judgment the Tribunal referred to the decision in David Grant v Dawn Meats [(UK) 2018 EWCA Civ 2212] in relation to stays. Further to that decision the Tribunal noted: “…it is not open to the Claimant to pursue any application or take any other steps in the proceedings other than to apply to lift the stay; that is both the point and the effect of the stay.”

Click here for the full judgment.

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