ORAL CLOSING SUBMISSIONS ARE IMPORTANT: USE OF WRITTEN SUBMISSIONS IS “UNSATISFACTORY”

In Pimlico Plumbers Ltd -v- Smith [2017] EWCA Civ 51 the Court of Appeal stated that oral closing submissions are important. Relying on written submissions alone represents a “considerable risk”.

THE CASE

The Court of Appeal was considering an appeal from the Employment Appeal Tribunal on the issue of whether an individual was an employee or self-employed contractor.  It transpired that the EAT had not heard closing submissions but these were submitted in writing.

THE JUDGMENT

  1. We were told by counsel that the final submissions to the ET were all in writing and that there were no closing oral submissions. In a complex and important case like the present one, that course is unsatisfactory, carries considerable risk and should be avoided if at all possible. It does not give the ET the opportunity to question and test the case of each side in the light of the evidence and to clarify submissions which are or appear to be inconsistent or unclear. The fact that we have spent over a day in the Court of Appeal doing precisely that shows how important and valuable that can be.

via ORAL CLOSING SUBMISSIONS ARE IMPORTANT: USE OF WRITTEN SUBMISSIONS IS “UNSATISFACTORY” — Civil Litigation Brief

Advertisements
This entry was posted in World by truthaholics. Bookmark the permalink.

About truthaholics

| Exposing Truth Behind Media Spin. Truth is not gossip. It's not sensational or even exciting. Truth's reality, fact. Truth's shocking, sad, horrific, frightening and deadly. Controversial issues discussed here so only for those able to digest Truth.

One thought on “ORAL CLOSING SUBMISSIONS ARE IMPORTANT: USE OF WRITTEN SUBMISSIONS IS “UNSATISFACTORY”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s