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Lolas Cat

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Everything posted by Lolas Cat

  1. Disclosure of the relevant documents in the parties posession is ordered before witness statements are exchanged. If the respondent knows that you have the phone conversation in your posession they will most certainly ask you to disclose that.
  2. You will have to disclose the contents of that phone conversation when you disclose all the relevant documents in your posession to your counterpart. You cannot withhold it until the witness statements are exchanged.
  3. Hey BillyBob, Check the rules and procedures for ET here: http://www.legislation.gov.uk/uksi/2013/1237/contents/made
  4. My guess is it will be dependent on the context. Why do you want to contest the witness statements to begin with? Even if they were signed, how would it affect your situation and the outcome of the hearing? Would the verdict be different if you questioned the authenticity of those statements? Were the people whose statements were presented at the hearing there for cross-examination?
  5. Thanks SW. Yes, I am kind of half-sorry the hearing will not happen. It may sound weird for many people but I enjoyed doing all this by myself. It was fun. But then I didn't have any mortgages to pay or immediate money problems.
  6. Hmmm.... Were you representing yourself? Otherwise, your representative should have reacted to this.
  7. Sorry, I wasn't the receipient of the question, but if it was not signed the judge was supposed to ask them to sign on the spot at the hearing. Have seen it myself many times.
  8. Thanks HoneyBee. Settled for 650% of their first settlement offer, to add some detail.
  9. Thanks everyone. They setlled now for the sum I wanted, so no trial then.
  10. Can anyone explain me why COT3 agreement (brokered through ACAS) does not require the claimant to take an independent legal advice and Settlement Agreement does? The ACAS conciliator does not provide any advice on the terms of settlement, so it must be a clear disadvantage for an unrepresented claimant to go via ACAS(COT3) then?
  11. Why do you even bother to write to them? You are not obliged to explain anything to them, you will do it to the tribunal. Of course the respondent's reps will threaten you with all possible things, it's their job. Yours should be to ignore it.
  12. SweetLorraine, I have the book and it's excellent. Bought a Kindle edition which was way cheaper than the paper. Also, Naomi Harris's book about bringing an ET claim is excellent.
  13. Thanks for you advise, guys & girls. Ultimately, I need a place/context where I can destroy the respondent's credibility. And I was wondering if my witness statement was the right place for it or if I should save it for the cross-examination of the witnesses. However, it is difficult to attribute the statements made on ET3 and Further and Better Particulars to a particular person and the respondent refuses to give me the names of the people who provided the "facts" mentioned on these docs. The other problem is that they seem not to call all the important witnesses to the trial a
  14. Hello fellow caggers, A rather simple question that I can't find any answer on and therefore asking here. Where do I address incorrect statements (aka lies) the respondent made on their ET3 and Further Particulars? And whom do I question/cross-examine regarding these statements? It is not really specified who said this and that, it's all very anonymous "Respondent". Do I address these incorrect statements in my witness statement? And if so, in what context? Do I incorporate the repondent response on ET3 into my witness statement? Or leave it for the submission? All help
  15. Sidewinder, They seem to think that their definition of "relevance" overrides mine. Steampowered, Thanks for the explanation.
  16. Steampowered, How much extension do you think ET can grant them? I do not think they will deliver everything I asked because they said they'd need to assess the "releavance" (more like the degree of disadvantage) of this documents once they found them.
  17. Hi steampowered and thanks for your answer. It is not really possible without rescheduling the date for the hearing I am afraid. There are xmas holidays, so it will delay the things even more. And then nothing guarantees me that when they finally come with the docs, something will be missing and I will have to apply for a disclosure order. In fact, I am almost certain it is going to happen. A usual trick for employers and their representatives. I cannot accept it, I will be left without sufficient evidence at the trial.
  18. Good evening fellow CAGgers, I have the following problem. I have a pending Employment Tribunal hearing in some 1.5 months and now it is a disclosure phase. The Respondent tries whatever they can in their powers (via a representative) to delay the disclosure. They gave me estimate for delivering the requested documents which was far beyond the date the ET Judge set for agreeing on the bundle. Also, I cannot be sure that they will give me all the docs I requested, they are saying they will first establish the relevance of those to the case. What can I do to force them to dis
  19. Thank you both, BillyBob and Sidewinder. Obtaning the documents that refer to the other documents seems to be a very good idea. I will do that. But what if the respondent denies that a document exist? Is it possible to enforce a search through their system? If there is no enforcement mechanism for that, it is very easy for them to get away with it, don't you think?
  20. Dear Caggers, Would appreciate your help on the following question. I have started proceedings against my ex-employer in the Employment Tribunal and now it's time for the disclosure of the documents. I am very worried that my ex-employer will try to hide some documents from disclosure by claiming that they don't exist. What can I do in this case? I know that the documents exist but I probably won't be able to prove it. Also, what if they try to get rid of the documents that are to their disadvantage? What can be done to prevent them from doing that and how is it possible to control
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