Saul Margo represents successful claimant in Court of Appeal
The MoJ sought to overturn the decision of the ET that part-time judges in the Residential Property Tribunal Service (now part of the First-tier Tribunal) were treated less favourably than a full-time comparator in respect of payment for judgment writing. In order to remedy the less favourable treatment the ET awarded an additional fee of two-thirds of the daily sitting fee for each day of sitting, and refused to reconsider its judgment.
Before the Court of Appeal the MoJ argued that the decision of the ET (upheld by the EAT) was perverse and/or should have been reconsidered because it overcompensated part-time judges for multi-day cases.
The Court of Appeal held that there was nothing wrong with the way the ET had approached the evidence before it and that it had been for the MoJ to adduce evidence that demonstrated that there would be overcompensation for multi-day cases, which it had failed to do.
Further, the argument was not raised before the ET and the ET’s refusal to reconsider the judgment was wholly apt in the circumstances.
Saul, who was instructed by Leigh Day, acted for Mrs Burton, the First Respondent.
The full Court of Appeal judgment is available here.
Barristers: Saul Margo