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Mehta v Mayor and Burgeresses of the London Borough of Hackney - "Burns-Barke" order made by EAT [2006] EAT

Last year, in May 2005, the Court of Appeal approved a cost and time saving procedure which the EAT had adopted in a few cases in which it felt unable to come to a decision because of uncertainty as to how the original tribunal had come to its decision. Under this procedure the EAT would ask the original tribunal to explain more fully the reasons for a decision, rather than remit the case back for rehearing. The procedure is now commonly known as "the Burns-Barke Procedure" after the cases which led to its formal approval by the Court of Appeal.

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