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EAT Scotland stays appeal in EAT England

13

Comments

  • autoplay
    autoplay Posts: 59 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    My post of yesterday is difficult to read because there were no spaces between paragraphs, I do not know for which reason, so I post it again this time with spaces between paragraphs

    We speak about the Employment Appeal Tribunal of England and Wales and we speak separately of the Employment Appeal Tribunal of Scotland.

    However, we do not speak separately of the Employment Appeal Tribunal of England, of this of Wales and of this of Scotland.

    We say the Employment Appeal Tribunal of England and Wales. This means that the Employment Appeal Tribunal of England is linked to the Employment Appeal Tribunal of Wales and as a consequence we can say that the Employment Appeal Tribunal of Wales is the same as this of England.

    However, we cannot say the same thing concerning the Employment Appeal tribunal of Scotland and we do not say the Employment Appeal Tribunal of England, Wales and Scotland.

    There is a link between the Employment Appeal Tribunal of Wales and this of England and it why we say the Employment Appeal Tribunal of England and Wales. However, there is not such a link between the Employment Appeal Tribunal of England and of this of Scotland.
    Therefore there is a link between the Employment Appeal Tribunal of England and this of Wales which does not exist between the Employment Appeal Tribunal of England and this of Scotland. And, it is because this missing link that I would say that the Employment Appeal Tribunal of England is a different jurisdiction that this of Scotland

    Great Britain is made up of three parties England, Wales and Scotland. Hence, if the Employment Appeal Tribunal of Scotland was really the same Employment Appeal Tribunal as this of England and Wales, there is no reason why we would not say the Employment Appeal Tribunal of England, Wales and Scotland instead of saying the Employment Appeal Tribunal of England and Wales and the Employment Appeal Tribunal of Scotland.

    Moreover, there is an office of the Employment Appeal Tribunal in London which is the capital of London and another in Edinburgh which is the capital of Scotland. However, there is no office in Cardiff which is the capital of Wales and even though Cardiff is also far away from London.

    Furthermore, when we issue an appeal at the Employment Appeal Tribunal, we are given an appeal number and if the appeal is issued in the Employment Appeal Tribunal of Scotland this number contains the term SCO in the middle
  • Undervalued
    Undervalued Posts: 9,614 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 July at 8:40AM
    autoplay said:
    My post of yesterday is difficult to read because there were no spaces between paragraphs, I do not know for which reason, so I post it again this time with spaces between paragraphs

    We speak about the Employment Appeal Tribunal of England and Wales and we speak separately of the Employment Appeal Tribunal of Scotland.

    However, we do not speak separately of the Employment Appeal Tribunal of England, of this of Wales and of this of Scotland.

    We say the Employment Appeal Tribunal of England and Wales. This means that the Employment Appeal Tribunal of England is linked to the Employment Appeal Tribunal of Wales and as a consequence we can say that the Employment Appeal Tribunal of Wales is the same as this of England.

    However, we cannot say the same thing concerning the Employment Appeal tribunal of Scotland and we do not say the Employment Appeal Tribunal of England, Wales and Scotland.

    There is a link between the Employment Appeal Tribunal of Wales and this of England and it why we say the Employment Appeal Tribunal of England and Wales. However, there is not such a link between the Employment Appeal Tribunal of England and of this of Scotland.
    Therefore there is a link between the Employment Appeal Tribunal of England and this of Wales which does not exist between the Employment Appeal Tribunal of England and this of Scotland. And, it is because this missing link that I would say that the Employment Appeal Tribunal of England is a different jurisdiction that this of Scotland

    Great Britain is made up of three parties England, Wales and Scotland. Hence, if the Employment Appeal Tribunal of Scotland was really the same Employment Appeal Tribunal as this of England and Wales, there is no reason why we would not say the Employment Appeal Tribunal of England, Wales and Scotland instead of saying the Employment Appeal Tribunal of England and Wales and the Employment Appeal Tribunal of Scotland.

    Moreover, there is an office of the Employment Appeal Tribunal in London which is the capital of London and another in Edinburgh which is the capital of Scotland. However, there is no office in Cardiff which is the capital of Wales and even though Cardiff is also far away from London.

    Furthermore, when we issue an appeal at the Employment Appeal Tribunal, we are given an appeal number and if the appeal is issued in the Employment Appeal Tribunal of Scotland this number contains the term SCO in the middle
    I despair!

    As said previously, if you are going to pursue this you need proper, paid for, accountable professional advice.

    I'm out!
  • Savvy_Sue
    Savvy_Sue Posts: 47,359 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hear hear!
    Signature removed for peace of mind
  • EnPointe
    EnPointe Posts: 849 Forumite
    500 Posts First Anniversary Name Dropper
     the OP really does not seem to grasp the reality of the situation or the need for proper paid for legal advice 
  • autoplay
    autoplay Posts: 59 Forumite
    Ninth Anniversary 10 Posts Combo Breaker

    There is no Employment Appeal Tribunal of England and Scotland, however; there is one of England and  Wales which would imply  that England and Wales is a different jurisdiction that Scotland


  • autoplay
    autoplay Posts: 59 Forumite
    Ninth Anniversary 10 Posts Combo Breaker

    There is another problem which is that if I want to make an appeal against the stay of my claim, I would have to make it to the Court of Session even though my claim has been issued in England because my claim was stayed by the Employment Appeal Tribunal (EAT) of Scotland. However, employment Law judgements made in Scotland’s Court of Session are not binding in England/Wales (and vice versa at the Court of Appeal) which seems to be very messy


  • This is true. Scotland and England are different legal jurisdictions.

    Sorry if I have missed this: did the Scottish EAT give reasons for imposing the stay? If so, what were they?
  • mybestattempt
    mybestattempt Posts: 498 Forumite
    100 Posts First Anniversary Name Dropper
    edited 5 August at 11:07AM
    This is true. Scotland and England are different legal jurisdictions.

    Sorry if I have missed this: did the Scottish EAT give reasons for imposing the stay? If so, what were they?
    Some courts and tribunals have jurisdiction in one or more of the countries of the UK.

    There is only one Employment Appeal Tribunal which has jurisdiction for appeals against the decisions of both the Employment Tribunal (England and Wales) and the Employment Tribunal (Scotland).

    If you read the thread (and links) you will see that I asked the OP about the reason for the stay order as I could think of a number of case management reasons why the EAT might make such an order particularly as he has two appeals with the EAT.

    So far he has not answered but it seems he wants to appeal the stay order. I have already advised him of the appropriate section of the EAT rules/practice direction.


  • OK, thank you @mybestattempt
  • autoplay
    autoplay Posts: 59 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    If I want to appeal against the stay of this claim, I would have to make my appeal to the court of session because the stay was imposed by the Employment Tribunal of Scotland. However, the decisions of the Court of Session are not binding in England and the claim which has been stayed is in England. However, can this work?
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