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Royal Court judgment 8 April 2021: de Than v Institute of Law [2021]JRC098

This recent decision of the Royal Court of Jersey confirms the test to be applied on an application for leave to appeal an interlocutory judgment of the Employment & Discrimination Tribunal.
Following the decision in Sumera v Atlantique Seafood [2019]JRC164, the Commissioner confirmed that :“…leave should only be granted where it was clear that a question of law had arisen which would lead to the original decision of the Tribunal being set aside…”

Further, referring to Broere & Ors v Mourant & Ors [2003]JCA222: “…the Courts are wary of interfering with the exercising of any discretion on the part of tribunals, particularly in an interlocutory matter… ”The Royal Court declined the application, finding that: “…this was not a clear case of something having gone wrong.”

Advocate Vicky Milner of Viberts appeared for the Respondent.

Click here for the full judgment.

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