Kerry Underwood

A CHRISTMAS CAROL BY THE HIGH COURT

with 4 comments


Given the Supreme Court decision this morning unanimously to allow the appeal against the Administrative Court’s refusal to judicially review Employment Tribunal fees, this post I wrote at the time needs another airing.

Scene: 

Any solicitor’s office in the country (except the Strand).

Solicitor:

So, Ms Peasant you have been sacked because you are pregnant and you have come in for a free interview.  Typical of your sort if I may say so.

Client: 

It’s so unfair.  I want to bring a claim.  You do no win no fee don’t you?

Solicitor: 

WE do. The State doesn’t.  Tribunal fees are £1,200.00 win or lose.

Client: 

I haven’t got that sort of money!  I am unemployed.  I’ve been sacked.

Solicitor: 

Come, come now.  I am an employment lawyer.  I know the minimum wage is £6.50 an hour.  Easy to remember; it is one hundredth of what I charge – 200 hours work and you have the fee, unless we need to appeal.  Cut out the foreign holidays. Sack the nanny – she won’t be able to afford the fee to sue you.  My little joke!

Client:  

My Mum looks after the children.  We only just got by when I was working.

Solicitor: 

There I can help you.  You need to prioritise your spending.  The High Court has said so.  Eat your existing children – Swift said that and he was a clever man, but you peasants don’t read you just watch Sky.

Client: 

We don’t have Sky.  Murdoch is nearly as right wing as the High Court.

Solicitor: 

Go down the library and read Swift.

Client: 

They’ve closed the library.

Solicitor:  

Have an abortion.  Save you money and I might be able to get your job back.

Client: 

I don’t want an abortion.  Anyway they’ve closed the clinic.

Solicitor:

Find a rich man.

Client: 

I am married.  My husband was sacked for complaining about my treatment at work.

Solicitor: 

Oh then he has a claim as well then.  Another £1,200.00 mind.

Client:  

I’ve had enough!

Solicitor: 

I advise on the law; I don’t make it.  I want to read to you what the High Court said:

“The question many potential claimants have to ask themselves is how to prioritise their spending; what priority should they give to paying fees in a possible legal claim as against many competing and pressing demands on their finances?”

It goes on a bit but basically do you want to bring a claim or eat and feed and clothe your children?

Client: 

But no-one should have to make that choice in Britain in 2014.

Solicitor:  

That’s where you are wrong.  The court said:

“The question is not whether it is difficult for someone to be able to pay – there must be many claimants in that position – it is whether it is virtually impossible and excessively difficult for them to do so”.

Client:  

That’s wicked.

Solicitor: 

That’s the High Court. Lord Justice Elias is paid £198,674.00 and Mr Justice Foskett £174,481.00 so they know all about having to count the pennies.

Client:

Surely Labour will change all this.

Solicitor: 

Nope.

Client:  

I think I will vote for the Fascists then.

Solicitor:

They tried that in Germany.    Didn’t do them much good. Nice rallies mind.

Client leaves.  Solicitor hums the Horst Wessel.  There is a muffled explosion.  The local court is in ruins.

Advertisements

Written by kerryunderwood

July 26, 2017 at 10:31 am

Posted in Uncategorized

4 Responses

Subscribe to comments with RSS.

  1. Reblogged this on | truthaholics and commented:
    “There are rules and reasons for the rules” as D. Kennedy said, “Legal reasoning refers to interpretative fidelity of judges who are bound by the legal formulation of the right; the duty to be faithful to it in their interpretation and application; this duty is counterbalanced so to speak by legislative duty, which is appealing to the political values of the community.” ~ A Critique of Adjudication, [1997]

    truthaholics

    July 26, 2017 at 10:51 am

  2. Too bloody right

    Neil

    Neil Davies
    DIRECTOR – Solicitor
    Neil Davies and Partners
    Calcameron House
    36B Water Street
    Birmingham
    B3 1HP

    DX 13037
    Birmingham

    Tel: 0121 200 7040
    DDI: 0121 200 7042
    Fax: 0121 200 7041
    Mob: 07825 326857
    E-mail: neild@ndandp.co.uk
    http://www.ndandp.co.uk

    [nd&p lh final]

    [Winner Law Society logo][Law Firm up to 4 Partners logo 2017][Partner of the Year 2017]

    The contents of this email are confidential to the intended recipient at the email address to which it has been addressed. It may not be disclosed to or used by anyone other than this addressee, nor may it be copied in any way. If received in error, please contact Neil Davies and Partners, Calcameron House, 36B Water Street, Birmingham, B3 1HP +44 (0) 121 200 7040 quoting the name of the sender and the addressee and then delete it from your system.

    Please note that neither Neil Davies and Partners nor the sender accepts any responsibility for viruses and it is your responsibility to scan the email and attachments (if any). No contracts may be concluded on behalf of Neil Davies and Partners by means of email communications. Service of proceedings by way of email communication is not accepted.

    Neil Davies & Partners is a trading name (SRA number 591257) of N D & P Solicitors Ltd (SRA number 573278), registered in England & Wales under CRN 8125420. Directors: Neil W Davies BA (Hons) and Sukhbir Mall LLB (Hons). Neil Davies & Partners is authorised and regulated by the Solicitors Regulation Authority (www.sra.org.uk). For further information, please refer to http://www.ndandp.co.uk.

    Neil Davies

    July 26, 2017 at 11:10 am

  3. daveyone1

    July 26, 2017 at 7:00 pm


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

%d bloggers like this: