GFTU Emplaw Emplaw Emplaw

Ministry of Defence v Cartner - EAT finds misdirection of law but arguably right conclusion by tribunal - to remit, or not to remit?

If a tribunal has misdirected itself in law, its decision can only nonetheless stand if the EAT concludes that it was "plainly and unarguably right". If the conclusion was wrong, the EAT must remit the matter to the tribunal for reconsideration. If the EAT decides instead to apply its own reasoning to support the original conclusion, it must make clear that it is doing so because it considers it "plainly and unarguably right".

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.