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11 January 2013 / James Chegwidden
Issue: 7543 / Categories: Features , Procedure & practice
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Conceding the point

What happens when one party appears to concede an important part of their case, asks James Chegwidden

When can a party be said conclusively to have conceded a point? How should lawyers deal with concessions or apparent concessions? And what should tribunals (and lawyers) do where a concession made on a point of law is simply wrong? These questions faced the Employment Appeal Tribunal (EAT) in Ségor v Goodrich Actuation Systems Limited [2012] UKEAT/0145/11/DM. Its judgment sets down the approach to take, especially where the party apparently conceding a point is unrepresented. The procedure recommended to parties and lawyers finding themselves in this position is likely to become best practice in such situations in future.

Concessions generally

As is elementary, a claimant in civil litigation bears the onus of proving his own case. To do that, a claimant has full freedom to frame his own case as he sees fit. The same applies to a defendant, who enjoys the right to frame his defences as he considers best. If, after framing an argument,

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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