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Hussey v Photogenic Ltd - fact or law and the EAT's jurisdiction to entertain an appeal

The EAT has jurisdiction only to correct errors of law not re-try factual issue.  If the EAT accepts at a preliminary stage in an appeal that there may be an arguable point of law (thus giving it jurisdiction)  it does not follow that there really was an error of law in the judgment being appealed against.  If at the full EAT hearing no error of law is disclosed the EAT will dismiss the appeal.

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