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Litigation Letter

Delay in promulgation of decision

Kwamin v Abbey National plc and other appeals EATNLI 19 March

Four cases before the Employment Appeal Tribunal included a ground of appeal based on an allegation of delay in the promulgation of the judgment. In normal civil proceedings, it is expected that a judgment has to be delivered at the latest within three months from the end of the case. The Employment Appeal Tribunal had adopted a similar regime, save that some additional allowance was made for the involvement of lay members. The deadline was three and a half months, beyond which there was culpable delay absent proper explanation. The same principle applies to employment tribunals.

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