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Liability Risk and Insurance

High Court should hear wrongful dismissal claims over £25,000

Where a claimant expected to recover more than £25,000 for wrongful dismissal, that claim should only be made in High Court proceedings. The findings of a tribunal in its judgment on an unfair dismissal claim would give rise to an issue estoppel in subsequent High Court proceedings for wrongful dismissal, but there would be no merger of causes of action and the claimant would not be prevented by success in the tribunal claim for unfair dismissal from pursuing an action for wrongful dismissal.

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