| 1 | Seeking a reference to the ECJ This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred. | Practice notes | Maintained |
| 2 | Preparing effective witness statements A case may be won or lost on the strength of the witness evidence and the performance of the witness at trial. Important interim applications may fail if the witness statement does not adequately deal with all of the issues. This note contains a practical guide to preparing witness statements for use at trial and interim hearings. | Practice note: overview | Maintained |
| 3 | Enterprise and Regulatory Reform Act 2013: employment law ... A note on the implications of the Enterprise and Regulatory Reform Act 2013 for employment lawyers. The note sets out and provides commentary on the provisions under the Act, as well as the dates when those provisions are due to come into force. | Practice notes | Maintained |
| 4 | EAT practice and procedure: overview This note provides a guide to proceedings before the EAT. It considers: The grounds on which an appeal can be brought and a Notice of Appeal issued by an appellant. How a respondent should lodge an Answer and any cross-appeal. The sift of appeals by the EAT and allocation of appeals to hearing tracks. Preparing an appeal for a full hearing, the conduct of a full hearing and the disposal of appeals. Review and appeal of EAT decisions. When costs may be awarded in EAT proceedings. For guidance on procedure before the employment tribunal, see Practice note, Employment tribunal practice and procedure: overview. NOTE: CHANGES DUE IN SUMMER 2013: Section 12 of the Enterprise and Regulatory Reform Act 2013 is due to come into force on 25 June 2013. As a result, EAT judges will hear cases sitting alone, unless they direct otherwise. It is anticipated that the new fees regime will be introduced in July 2013 (see Legal update, Employment tribunal fees: draft order laid before Parliament). For further information, see Practice note, What to expect in employment law. | Practice note: overview | Maintained |
| 5 | EAT (15): costs in the EAT This note considers how orders for costs may be made in the EAT in favour of legally represented parties and litigants in person. It also considers how a wasted costs order might be made in favour of a represented party against their representative. | Practice notes | Maintained |
| 6 | EAT (14): review and appeal of EAT decisions This note considers how the EAT may review its decisions and how the parties can appeal a decision of the EAT to a higher court. | Practice notes | Maintained |
| 7 | EAT (13): full hearings and disposal of appeals This note considers the procedure at a Full Hearing, how the EAT delivers its judgment and how it can dispose of an appeal; by dismissing it or by remitting it either to the same tribunal that heard it or to a freshly constituted tribunal. | Practice notes | Maintained |
| 8 | EAT (12): skeleton arguments, authorities and hearing ... This note considers the preparation and presentation of skeleton arguments, authorities and hearing bundles before Rule 3(10) Hearings, Preliminary Hearings and Full Hearings as well as in appeals against the orders of a Registrar. | Practice notes | Maintained |
| 9 | EAT (11): conciliation and settlement This note considers the Conciliation Protocol that has been operating in the EAT since 1 June 2007. It also considers the procedure to be followed when parties to an appeal settle their dispute. | Practice notes | Maintained |
| 10 | EAT (10): interlocutory matters This note considers the steps that can be taken after a Notice of Appeal and an Answer (together with any cross-appeal and Reply) have been lodged at the EAT. These include the listing of the appeal for Full Hearing, applications to amend pleadings or to withdraw an appeal and interim applications for directions. | Practice notes | Maintained |
| 11 | EAT (09): restricted reporting orders The EAT has the power to make restricted reporting orders (RROs) in cases involving sexual misconduct and cases of disability. This note considers how an RRO can be made and how it takes effect. | Practice notes | Maintained |
| 12 | EAT (08): employment judge's notes and new evidence This note considers those occasions where the appellant or respondent in EAT proceedings wants to apply either for production of the employment judge's notes of evidence or to produce new evidence before the EAT. Applications for either should be made when lodging a Notice of Appeal or Answer. | Practice notes | Maintained |
| 13 | EAT (07): defending an appeal and cross-appealing This note considers: What a respondent to an appeal has to do in the event that a Notice of Appeal is served on them. What steps they should take to cross-appeal a tribunal's decision. How the appellant should deal with any cross-appeal. | Practice notes | Maintained |
| 14 | EAT (06): preliminary hearings This note considers how an appeal will be dealt with when the EAT has initially designated it to the Preliminary Hearing track. The note also considers what a respondent who wants to cross-appeal has to do in these circumstances. | Practice notes | Maintained |
| 15 | EAT (05): the sift and allocation to a hearing track This note considers the initial steps the EAT will take once a Notice of Appeal has been accepted. These include putting the appeal through the sift procedure and, as a result, allocating it to one of four hearing tracks: the Rule 3(7) track, Preliminary Hearings, Full Hearings and Fast Track Full Hearings. This note considers the features of an appeal that will determine which track it is allocated to and who will be served with the Notice of Appeal once it has been registered. | Practice notes | Maintained |
| 16 | EAT (04): issuing an appeal This note considers the steps that an appellant must take to lodge their Notice of Appeal at the EAT with the required documents and within the applicable time limit. It also considers the circumstances in which the EAT might extend the time limit for submission of an appeal. | Practice notes | Maintained |
| 17 | EAT (03): grounds of appeal It is only possible to appeal to the EAT on a question of law. This note considers the difference between questions of law and questions of fact. It considers the circumstances in which a tribunal's failure to give adequate reasons for its decision, a breach by the tribunal of the rules of natural justice or excessive delay in a tribunal giving its decision, can amount to an error of law on the tribunal's part. It also considers circumstances in which the tribunal's treatment of facts can amount to an error of law and cases where there is no evidence to support its findings of fact. In addition it considers when a tribunal's decision can be appealed on grounds of perversity or that it reached its decision following an erroneous exercise of discretion. | Practice notes | Maintained |
| 18 | EAT (02): jurisdiction The EAT has limited jurisdiction; it may only consider matters where legislation specifically grants it authority to do so. The EAT's main function is to hear appeals from employment tribunal decisions, and this note considers the authority granted by the Employment Tribunals Act 1996 and other legislation for the EAT to do so. It also considers the role the EAT plays in considering appeals from the Central Arbitration Committee and those occasions when it has original jurisdiction. | Practice notes | Maintained |
| 19 | EAT (01): constitution and operation This note considers the legislation and rules under which the EAT operates, the composition of an EAT hearing panel and how the EAT makes its decisions. | Practice notes | Maintained |
| 20 | Detailed assessment: the procedure This practice note is a guide to the process for detailed assessment of costs in litigation. It contains many practical tips for receiving and paying parties. It is a companion to Practice note, Detailed assessment: what it is and the basis of assessment. | Practice notes | Maintained |
| 21 | Appeals: quick guide A short guide to appeals in the county courts, the High Court and the Court of Appeal. | Practice notes | Maintained |
| 22 | Appeals: destination table On 1 October 2012, Practice Direction (PD) 52 is replaced with five separate PDs. This table sets out the location of provisions in both the old PD 52 and the new PDs. | Practice notes | Maintained |
| 23 | Appeals: an overview An overview of the rules that apply when appealing a court decision. This note covers when to consider an appeal, where to appeal, the need for permission to appeal, grounds for appeal and costs. | Practice note: overview | Maintained |
| 24 | Appeals to the United Kingdom Supreme Court An overview of the procedure in the UK Supreme Court. | Practice notes | Maintained |
| 25 | Appeals to the House of Lords [based on the rules in force ... WARNING: The judicial work of the House of Lords ended on 30 July 2009. From 1 October 2009, the United Kingdom Supreme Court has fulfilled that function. For more information about the procedure in the new Court, see Practice note, Appeals to the United Kingdom Supreme Court. | Practice notes | 30-Sep-2009 |
| 26 | Appeals to the Court of Appeal: the old and new regimes ... Practice Direction 52 changed from 1 October 2012. This Practice note considers the differences between the practice direction provisions dealing with appeals to the Court of Appeal before and after 1 October 2012. | Practice notes | Maintained |
| 27 | Appeals to the Court of Appeal: quick guide A short guide to the procedure for appealing to the Court of Appeal. | Practice notes | Maintained |
| 28 | Appeals to the Court of Appeal: procedure and documentation ... This practice note summarises the procedure for appeals to the Court of Appeal from 1 October 2012. For the procedure in the county courts and High Court from 1 October 2012, see Practice note, Appeals in the county courts and High Court: procedure and documentation (from 1 October 2012). | Practice notes | Maintained |
| 29 | Appeals in the county courts and High Court: the old and new ... Practice Direction 52 changed on 1 October 2012. This Practice note considers the differences between the practice direction provisions dealing with appeals in the county courts and High Court before and after 1 October 2012. | Practice notes | Maintained |
| 30 | Appeals in the county courts and High Court: procedure and ... This Practice note summarises the procedure for appeals in the county courts and High Court from 1 October 2012. For the procedure in the Court of Appeal from 1 October 2012, see Practice note, Appeals to the Court of Appeal: procedure and documentation (from 1 October 2012). | Practice notes | Maintained |
| 31 | Appeals beyond the EAT: toolkit A toolkit to direct users to PLC materials on how a party can appeal against a decision of the Employment Appeal Tribunal (EAT) to the Court of Appeal and to the Supreme Court. The toolkit also considers proceedings for judicial review and references to the Court of Justice of the European Union (ECJ). | Practice note: overview | Maintained |
| 32 | Appealing a tribunal decision to the EAT: toolkit A toolkit to direct users to PLC Employment materials on how a party who has been unsuccessful in bringing or defending employment tribunal proceedings can appeal to the Employment Appeal Tribunal (EAT). These materials consider the jurisdiction and constitution of the EAT, grounds of appeal and the stages of the appeal process (including issuing an appeal, allocation to a hearing track, preliminary hearings, defending and cross-appealing, preparing for a full hearing, the disposal of appeals and costs in the EAT). | Practice note: overview | Maintained |
| 33 | An introduction to judicial review This practice note provides an introduction to the substantive law relating to judicial review. | Practice notes | Maintained |