Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Quote Originally Posted by dawnporter View Post
    The Barrister for the other side is a big shot who is also a part time ET Judge..His firm is in London, and thus he is colleagues with the ET Judge who presided over the case
    Are you saying they are friends? Work in the same chambers?
    Were best mates at law school / during pupillage?.

    What is the direct connection between them?.

    If there isn't a direct connection are you trying to say "no legal professional should be able to represent a client if they are also a part time judge (Recorder / Deputy District Judge / part time ET judge), as it leads to apparent bias"?

    Doomed to fail, as Singh did. Why? Not only because no "fair minded, reasonable" (& independent) "observer" would conclude that, but also because if that premise was accepted : there would be a lot fewer part time judges (lawyers being forced to choose between being an advocate and being a judge full time) and what impact do you think that would have on full time appointments? (How do you think they decide who should be appointed: do you think it is often influenced by their record as a part time judge [no. of decidions successfully appealed, and why!] for many candidates ....)


  2. #22
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    Quote Originally Posted by dawnporter View Post
    she (the ET Judge) was literally pleading the case for the other side.
    Were you there?
    Did you actually witness this, and were they actually
    a) instead responding to a submission by the barrister, or
    b) instead, actually applying the law (which is, in the end, their job!)

    If they weren't applying the law or responding to a submission that would be a procedural irregularity : can you quote the relevant part of the transcript so we can see it (as this would be uncommon!)


  3. #23
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    Default Re: Employment Appeal Tribunal- Grounds of appeal, Bias.

    I do not understand why you think the fact that the other side's barrister is a part-time judge meant that the tribunal was biased.

    It is very common for barristers to be part-time recorders and judges. The system is set-up to encourage that. If they are successful, they can move on to become a full-time judge.

    When a barrister becomes a part-time judge, that does not mean they have to stop being a barrister. If that was the case then nobody would want to be a judge.

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  4. #24
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    Default Re: Employment Appeal Tribunal- Grounds of appeal, Bias.

    Quote Originally Posted by dawnporter View Post
    The Barrister for the other side is a big shot who is also a part time ET Judge..His firm is in London, and thus he is colleagues with the ET Judge who presided over the case..
    If that's how low the bar is being set for bias I dread the appeals being fired my way next time I dare set foot in Birmingham county courticon...

    Although I may escape by virtue of not being a 'big shot'...


  5. #25
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    Default Re: Employment Appeal Tribunal- Grounds of appeal, Bias.

    I instructed a barrister on one of my cases that knew the judges well, as my barrister was a part time judge.

    It made no difference whatsoever. A working relationship of sorts is insufficient to show legal bias, and the EAT greatly dislikes any such allegation, particularly from a litigant in person. LIPs tend to argue bias any time that they lose, and almost never does it hold any merit. IME, it would be pointless to try to make such an argument and as a LIP it's seriously unlikely that they would be able to formulate a legal bias case for the EAT - lawyers would even struggle to do so.

    Let it go. Unless there is anything else that you haven't mentioned, a bias appeal will fail.



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