Paper review

Patel v Babcock Airports Ltd UKEAT/0037/12/RN, [2013] All ER (D) 185 (Jan); NLJ 8 February

Rule 35(3) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, (SI 2004/1861), provides for preliminary consideration of applications for review. Many such applications can properly and fairly be dealt with summarily on paper. Occasionally, however, such an application would be predicated upon an important issue of fact. Rule 35(3) of the Rules is not the appropriate mechanism for deciding issues of fact.