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Liability Risk and Insurance

Procedural failure not enough to set aside proceedings

Unless substantial unfairness had occurred, a procedural failure was not to lead to proceedings being quashed or set aside. In this case, an employment tribunal failed to alert a litigant to a material and relevant reported authority to which it referred in giving its decision. The Court of Appeal ruled that the decision would only be set aside if that authority significantly altered or affected the way in which the issues had been addressed.

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