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  1. That's correct, the issues were already raised with them. I know a court can order disclosure, and I would disclose, subject to advice, should the hearing go ahead, especially as it strengthens my case. I am still unsure whether to disclose the documents at this stage. I can see the r's going into orbit and seeking retribution, as that is their MO. Thanks, steampowered. However, still scratching my head. Will suggest the confidentiality clause. Seeing the lawyer tomorrow with a view to finalising. Thanks, all!
  2. I received the bundle pronto after the tribunal order. This whole thing has left me exhausted. I am hardly able to move. Yes, the issues are the same as in the claim. If the cot3 is botched, then my et1 schedule of loss is far higher (the reality) than what - I thought, kindly - I agreed to settle for, subject to agreement of contract. They are panicking like mad as they see the tribunal as "soft law" which they can blag their way through. With the regulators they are dealing with people who understand thoroughly the technical and ethical issues; they won't be able to pull the wool over their eyes. They cannot buy their way out of it, either, as they can a tribunal. To be fair, she has only just met me and knows nothing about my case, apart from what the other lawyer told her, heavily hyped. steampowered, the lawyer refused to look at the documents as I said I was not ready to release them without further consideration, so presumably lawyers have a similar code of conduct re confidential material as other professions? Do the words "private & confidential" have any legal meaning?
  3. steampower, what exactly is a confidentiality clause? What would it say? Mariefab, yes, the issues are the same as in my et1 claims. In line with resolving an ethical dilemma I am escalating the issues to the next level, given the r's refusal to let me raise them - at every level - even to the extent of conspiring together to produce sworn witness statements backing each other up that legislation allows them their conduct, to mislead the tribunal. The problem with the cot3 agreement is not so much my civil right to raise the statutory complaints, it's more to do with the nature of the contract itself, as I would be agreeing there are no further complaints, which would be in breach, given that there are, public interest or not. My lawyer thought it could be got around by my disclosing as part of the agreement there is a regulator's inquiry going on as it is *a matter arising from my employment* as per the wording of the clause. I've been sent a new draft with the r's inserting a clause I disclose ALL correspondence between me and the regulators and disclose ALL documents I am relying on. I have come to a decision. As the regulators have clearly marked their correspondence, "private and confidential" and there is an ongoing investigation, it would it would be improper and against my professional code of conduct to disclose such correspondence to a third party, especially not to the party being complained of. They have upped the contribution to my lawyer to £1,000 with the proviso if the cot3 is not signed off to their satisfaction, they will contribute only the first £500, as per contract. Once again they are using money to try to force me to do something against my morals. Not for any sum of money will I disclose the "private and confidential" correspondence of their regulator in respect of themselves.
  4. The lawyer is actually very sharp. Her reasoning is that as the clause refers to any current complaints, so was concerned that when/if the r's found out, they would immediately cry, breach and demand the settlement money back. She got the reference sorted to my liking and inserted things left out, such as future personal injury and accrued pensions. The word back is the r's still want to settle, with a clause inserted I disclose all my complaints. I have reservations in disclosing this whilst a sensitive investigation is taking place. Plus of course with HMRC there are tip off cautions. Disclosure might prejudice the whole thing. If the hearing goes ahead, then it would probably be disclosed anyway, subject to advice. The lawyer was upset as their lawyer completely freaked out and ranted about how I must have breached confidentiailty and to return all "confidential" material. (I do not have any improperly acquired material, but the thought was made to cross her mind by the other lawyers.) It is no skin off my nose to have the hearing and be vindicated as I have not behaved improperly at any time. The allegations are all rock solid and substantiated with evidence. Because they are very plausible, the r's have played the "confidentiality" angle to the hilt, as well as going to great lengths to discredit me in the eyes of my peers. I am escalating the issues in line with my professional body's code of conduct and ethics. I would not be willing to withdraw the complaints, steampowered, as it is in the public interest for them to be investigated. Would it be ethical to do so, having raised them? They are very keen to get the COT3 and gag me, so my thanks in advance to everyone who has helped!
  5. I should add, the r's have agreed to pay the lawyer's £500 fee to look at the agreement for me. The lawyer is now upset as she says it is going beyond her remit (and of course, they will refuse to pay any more).
  6. I rang ICAEW up, but the chap is away until Monday. I have asked the lawyer to hold disclosure until I have checked with them. The lawyer says disclosure of the complaint now means they can't claim a breach and refund of the money when or if they find out later, as it says there aren't any other complaints besides [the ones they already know about]. HMRC say on their website you should not tip off someone you are complaining about. However, apparently the ICAEW one relates to issues arising from my employment.
  7. Update: was due to sign settlement agreement (which included repayment of the money I contributed for the bundle) and the agreed reference was perfect. However, it appears the r's had no idea I had complained to the regulators, which might have voided one of the clauses, rendering the agreement breached, once they did find out. My lawyer mentioned this to them. They have gone ballistic, demanding I disclose my complaints to HMRC and ICAEW together with all the supporting evidence I supplied, on request from ICAEW. I was about to prepare a photocopy of the complaints, when it struck me that surely it is unethical for them to be shown specific details whilst being investigated by these bodies. They are huffing and puffing I must have breached confidentiality. The way I see it, I felt I was doing them a favour by settling early, but once again they are acting as though I am the baddie. What should I do? Are they entitled to view the complaint documents?
  8. emmzzi, you might be interested to know I had a letter from the regulators today saying my complaint has been assessed and is now being forwarded for investigation. According to their website, only 30% of complaints reach this stage. I am hopeful that I will be 100% vindicated.
  9. Update: Just had an email letter from the e.t. ordering the r's to release the bundle to me without further delay. The problem with the reference was they wanted to include a heavy disclaimer hinting "avoid this person". I might just as well have a hearing, as planned.
  10. PS. I was supposed to have received it by early August, nearly four weeks ago.
  11. steampower, I have to report you were right! I had yet another letter from the r's demanding *more* money before they will release my copy of the bundle. I have taken your advice and sent an application to the tribunal asking them for an order to the r's to release it within two days or face strike out. I mentioned I had sent two lots of money to them already and that the judge has already directed they supply the bundle by such and such a date on three different occasions now. Re the settlement negotiation, they have not confirmed they will include my agreed reference, so I am quite ready to bring them to justice instead.
  12. sp, thanks. What do you mean about final offers are almost never final? I have more horrors awaiting me?
  13. Looks like everybody's out of town for the next week or so. Guess I can crack on with the witness statement.
  14. It appears they are keen to finalise a settlement with me today. If I go quiet, then you'll know why. Thanks for all your assistance in this matter; very much appreciated.
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