The Court of Appeal has handed down its decision in Logan v Commissioners of Customs & Excise.
The case is primarily concerned with submissions of 'no case to answer', in connection with which the majority of existing authorities date back to the 1970s. However, the Court of Appeal has held the position remains unchanged, confirming that even where the burden of proof lies on the Applicant (as in discrimination or constructive dismissal cases), it is only in exceptional or frivolous cases that it is right for an advocate to make an application of no case to answer.
The Court of Appeal berates the fact that the tribunal allowed the submission of no case to answer, and sent the case back for a rehearing. Ward LJ states:
"This outcome is one of the very reasons why submissions of no case to answer are dangerous to make and allow. The shortcut has once again led to a much longer journey for the parties at greater expense" (para 34)
The Court of Appeal also consider the principles in connection with 'last straw' resignations and provide a useful summary of the issue (paras. 30-33).