worriedfromwelwyn
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Case Management confusion
worriedfromwelwyn replied to worriedfromwelwyn's topic in General Legal Issues
Just one last query... In a Consent By Order from the Court, how long will the Court keep a record of this - indefinatley? -
Case Management confusion
worriedfromwelwyn replied to worriedfromwelwyn's topic in General Legal Issues
Gannymede - it's a discrimination case against a 'service provider' Dx - I know that site is American but the general advice would be applicable here... BazzaS + Steampowered - I think I will accept the offer. If it goes to a Hearing and I win I might not get much - and even pay their costs for refusing to settle. Plus it would be very stressful. I guess I'll have to accept "no admission of liability". Even if there was an admission of liability - or a court found they were - nobody would lose their job over it. I'll take the money and move on. I've actually won, anyway. -
Case Management confusion
worriedfromwelwyn replied to worriedfromwelwyn's topic in General Legal Issues
I've come across this,http://www.wikivorce.com/divorce/Consent-Orders.html it's about consent orders for separating couples, rather than more general civil disputes. However, it says (section 10) that it has to be drawn up by a solicitor and legal advice needs to be taken. In civil disputes you're expected to settle. If I'm offered damages and don't settle - because I want the other side found "liable" - would this come against me in awarding damages? The other side are agreeing to pay a settlement, but "without admission of liability". Should I view this like someone pleading "not guilty" but still being punished, in that they are paying out? I've also come across this which is persuasive about settling http://piperhoffman.com/2010/08/09/the-top-ten-myths-and-facts-about-suing-your-employer-for-discrimination/ -
Case Management confusion
worriedfromwelwyn replied to worriedfromwelwyn's topic in General Legal Issues
1)For a Civil Consent Order, does it have to be signed by a solicitor? 2)Is is legal if signed by a barrister? If a party didn't receive legal advice - does this make it illegal? 3) Are the "recitals" enforceable, or just the actual order by consent? -
Case Management confusion
worriedfromwelwyn replied to worriedfromwelwyn's topic in General Legal Issues
" The costs rules of the relevant track would still typically be applied before allocation. The costs rules of the relevant track would still typically be applied before allocation. " If the case was provisionally awarded Small Track - wouldn't it be fair to assume rules relating to Small Claims for costs - unless and until it was officially tracked to fast or multi. -
Case Management confusion
worriedfromwelwyn replied to worriedfromwelwyn's topic in General Legal Issues
^ On assessors, s114 of the Equality Act say they are needed for proceedings - not necessarily just a Final Hearing. In fact I was thinking if the Defendant's case was struck out - not mine in a Strike Out Hearing. On Additional Information, that's pretty much what I thought. The Dilemma I have is that I called for a Strike Out. The Defendant then called for Additional Information (they were given heaps + Court didn't ask for any further clarification). I refused - and because it wasn't tracked to Fast or Multi Track, felt I could. The Defence also called for Tracking to a Multi Track. If Court decided to go for Multi Track would I be liable for costs - even though at the time of request for Additional Information and my Strike Out application, it wasn't multi track. -
I have a few queries that I hope people can help with 1) Can a party ask for Additional Information - if a Claim has not yet been allocated to a Track. Can a Court allow Additional Information - if claim not allocated? 2) If other case management issues are held the same time as a Strike Out application wouldn't that prejudice the Strike Out? 3) How long after the Directions Questionnaire should Allocation take place? 4) In Discrimination cases are Assessors needed for a Strike Out - as this could be Final Hearing. Thanks.
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