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Found 33 results

  1. Hi everyone, I believe it is best I give the example first before I ask the question Person A made a Protected Disclosure A little while later, he suffered a detriment He raised a grievance His employer brought forward a good reason why he was subjected to that treatment (it had nothing to do with the PD) Now he is being victimized for raising the grievance If he had made allegations under the Equality Act, he would have been protected from victimization However, since he made allegations under the Whistleblowing Act (PIDA) he doesn't seem to have any protection from victimization My question, therefore, is this; does a person have protection from victimization when his first allegation was found to be unfounded? Section 2 of the Public Interest Disclosure Act 1998 states; A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure. Thanks a lot
  2. Disclosure and Barring Service New identity checking guidelines READ MORE HERE: https://www.gov.uk/government/news/new-identity-checking-guidelines
  3. Disclosure and Barring Service Email addresses are changing READ MORE HERE: https://www.gov.uk/government/news/dbs-email-addresses-are-changing
  4. Disclosure and Barring Service - GDPR is here READ MORE HERE: https://www.gov.uk/government/news/gdpr-is-here
  5. help i have done a disclosure list without filling in the n265 form. now the other side are saying i haven't adhered to the judges ruling. can my case be thrown out. can they ask for my evidence to be struck out or even strike out all the case. the other side are still requesting the documents. what impact can all this have on my case.
  6. I am a defendant in a fast track case. I have the other parties documents I requested copies of from their disclosure by list. There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case. I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation. I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this. I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out. There are 11 docs in total I want them to disclose. Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed. My questions are: 1. What do I put in the draft order? 2. What do I put in my supporting evidence/information to support the application? 3. How do I refer to the places that bought these documents existence to light? Many thanks
  7. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  8. Dear All, Hello. My disclosure is due today in my discrimination case. I am self-representing.I have done a word document with heading(claim information) and then I did a list of the documents just numbered 1-20. Can you please advise if this is sufficient or I need to do something more sophisticated (like the lawyers would)? Does anyone have a template perhaps? Thank you. Alesha
  9. A few years ago I was diagnosed with a medical condition. Unfortunately, due to many other serious family things I had on my mind at that time, I omitted to inform the DVLA. I fully realise that I should have advised them and intend to do so now. Since the original diagnosis it has never been suggested by the consultant that my ability to drive was adversely affected by the condition although I realise that it was my responsibility to enquire and disclose. In informing the DVLA does anyone know how they will react?
  10. I am really hoping someone can advise me here on the procedures for dealing with the following. I am the claimant and the respondent is disputing the majority of correspondence under S111 of Employment Rights Act. However, the Respondent does refer to this correspondence all the way through their particulars of response and is fundamental to my claim. I understand that S111 is not applicable in discrimination cases. My question is how do I go about getting this included in the trial bundle. I presume I make an application to the Judge to rule on this. I want the correspondence included as it clearly shows that the Respondent is lying in their particulars of response and is crucial to my case.
  11. I bet this is already on this forum but if it is not this may help persuade a judge or help in your argument. The first ever PPI case was in 1992-93 (Bristol CC 93/10771). The case involved L W Price -v- TSB Bank PLC. It was judged that the total payments of the Insurance Premium were almost as high as the total benefit that could be claimed. The case was won. A 10 year non disclosure clause was put in place as part of the settlement. After 10 years, a copy of the judgement was sent to the OFT and CAB. Soon after, a super complaint was raised.. Hence where we are today.
  12. Defendent has requested the disclosure of a document referred to in the statement of case. Funny thing though is the Defendant was already provided with this document over a year ago BEFORE the case was filed, as per the best practises urged by the Civil Procedure Rules. Can the Defendant request a document that has already been previously disclosed? It's not my fault if they have lost it.
  13. Hello All - Ist time post. In seeking further disclosures from the Respondent prior to ET, is the correspondence to and from them able to be discussed at the ET hearing?
  14. The CSA have disclosed my actual pension contribution and "what 15% of my salary would be as pension" to my ex and her new husband. From this you can clearly work out my gross salary. Can anyone definitely say if this is illegal? It feels to me a contravention of the Data Protection Act, but the CSA seem to operate to their own laws... I have NEVER signed any release or agreement with them at any point in the discussions. This cannot be legal... surely???
  15. Really in a big fix and need your help guys. I bought a house two years ago together with a conserrvatory which has been added by a previos owner about 10yrs ago. Unfortunately, this was not built correctly from the start( I have just realised). Previous owner I bought from may have investigated it but patched the problem before sale. Unknowing to me the extent of the problem, I bought the property and insured it as normal as the only questions on the compare site was : Is the house in good state of repair and has it suffered from Subsidence. Two years on, I have noticed further cracks apart from the previous one which has been patched contacted the insurance company to see if I am eligible to claim. They sent a Surveyor to come and inspect specifically for subsidence as they claim that is the only grounds on which they will pay out. Surveyors report came up to say issue is not subsidense related but rather a bad design of the conservatory from the start and inadequate foundation and that issue has been long standing because of previours repair . I got furious that day cancelled the policy and switched my insurance to a diff. provider. I have since been looking for a builder to rebuild conservatorry from scratch. Company contracted by previous insurer has come back to me saying underwriters want to persue the case as Non -disclosure as I did not tell them there have been previous repairs on it. They are therefore requesting to have my pre purchase surveyors report which I have never had so got a copy from the bank. This is where my problem starts. The state of the conservatory was mentioned in the report which was unknown to me as I was a first time buyer and did not know what should have been given to me. Giving this report to them will be their evidence to stitch me up for non-disclosure. Am I under any obligation to give them that report? As I have already cancelled that policy with them, can they still stitch me up for non-disclosure? Is there anyway I can force them to close the case without any further actions as I have now concluded to rebuild the whole conservatory from scratch. NB: the main building is in perfect state just the conservatory which was not built properly. Having sleepless nights as I have heard non-disclosure on my record will be disaster for good. HELP PLEASE
  16. Hi, I'm new on here, but would greatly appreciate your help. On 17/01/2011 I was given a conditional discharge for 2 years and disqualification relating to animals. I was advised at the time that I could apply after 3 years if I wished to keep any animals. I have recently had a basic disclosure check for a new job and the conditional discharge is still showing on there, along with the disqualification relating to animals. My question is this, should the conditional discharge still show on a basic disclosure, 14 months after it had been spent? I have been working at my new job for a month and I am very concerned that this blemish still showing on my record will affect my chances of keeping my job.
  17. 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 disclose the documents quicker? Otherwise I may lose valuable preparation time and it will delay the preparation of my witness statement. Shall I go and apply for a disclosure order directly? many thanks.
  18. Hi guys, I've got a defamation claim against me. The circumstances are unusual, I didn't make the review but it was made with my account. I do not know how this occurred, my speculation is that it was the result of some sort of account breach, though the claim was started very close to a year after the review was made and I am unable to get any evidence that suggests such. I have no links to the claimant, didn't know who they were prior to the claim and did not know about the defamatory review. Due to the time between it being made and me becoming aware of it I've been able to dig up no evidence to defend the fact that I didn't write it. There's plenty of potential scope for someone doing something malicious like this though, I head and moderate as part of teams some extremely large communities on reddit that get millions of users per month, it's quite possible some angsty teenager decided to lash out as a result of moderator actions, but of course, I have no proof. The claimant suggests I was paid to do this, and cites certain negative aspects of the SEO industry and "reputation management" as being why I may have done it. I've attempted to cooperate in every way I feel reasonable, but they're having none of it. I gave them permission to look at bank records to show that's not the case, as well as information that would give them access to my SEO work in order to try and show them otherwise and attempt a reasonable conclusion. One thing I do not want to give them complete unmitigated access to is my google account (which the review was made from) due to the fact the account has such an enormous amount of deeply personal and completely irrelevant information on it. I've tried being reasonable with them, I've asked them to narrow down precisely what they want from the account in order for me to cooperate without giving them anything that's completely irrelevant, the account has been used for a very long time and due to google's nature is connected to an enormous number of services, not to mention tens of thousands of emails. I have a telephone hearing on the 20th of January for disclosure, they're seeking complete access to my google account and my computers. What options do I have available? I am unable to get legal aid. Defamation cases are not covered. The CAB have been useless. I really need some expert help, the claimant (an american lawyer) has made it quite clear he will pursue the case for the sake of damage to his reputation, he's already spent thousands and knows full well I'm unemployed and broke, hoping that it will go away because it really isn't worth anything to him isn't going to happen. This claim was started shortly before there were changes in defamation law, he has no need to prove any damages actually occurred as a result and this is being held under older laws I believe.
  19. 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 their disclosure so nothing goes missing? Many thanks.
  20. Hi everyone I'm hoping we could have a discussion about disclosure. Basically, can we share experiences and thoughts on the disclosure process? How much pressure and influence have claimants used, or had to use, to get the respondent to release the documents in their possession? What would be your understanding of how much a respondent can rely on the reason of disproportionate effort when it comes to not disclosing requested documents or relevant information? What are the difficulties faced, and overcome, when respondents have declined to disclose emails and HR reports not covered by privilege but which they argue as "confidential" or "business sensitive"? In my case, the respondent has disclosed all of the straightforward stuff - letters sent to me, notes I have already of meetings, copies of documents I have sent them. I am in the process of sending a list to their solicitor of documents & information that I want them to disclose. The respondent is a large corporation. CMD was 6 weeks ago. The CMD order regarding disclosure had its deadline last week. It's 3 months before the case goes to tribunal. Hope you can help.
  21. Hi there, I'm new here, pleased to meet you. I have a query regarding disclosure of documents at County Court for a fast track case of which I am defendant. If I have filled in the form 'List of Documents: standard disclosure' to the best of my ability and forwarded it to court before the specified deadline with a covering letter and an attached table of documents, have I complied with the following statement?: By 4pm on (date) each party must serve and file with the court a list of issues relevant to the search for and disclosure of electronically stored documents, or must confirm there are no such issues, following Practice Direction 31B. Or is there something else I should have done? Thanks in advance. AJ
  22. Hi all, First time poster here. Looks like a great site, so hoping I can get some advice on here. Here goes..(!) I've been a driver for a few years and just bought myself a scooter for commuting to work. Got loads of quotes online and chose Bennetts motorbike insurance, which was expensive at £185 Third Party fire and theft, because of a previous claim on my car insurance, but just about the cheapest I could find online. Everything went through fine and I received all the documents. A few days later, I get a letter from Bennetts saying they'd been notified by their underwriters of an undisclosed "claim". Below are my 2 incident details (both my fault), the first one is the one I didn't disclose when getting the quote, because I didn't see that as a "Claim" Incident details: 2010 - Reversed into car in road whist reversing from my drive. Told insurance company, but didn’t claim against insurance. 2011 - Hit driver in rear in slow moving traffic. Claim made. Phoned them up last night when I got home and the chap added the first incident to my details, but needed to speak to the underwriter to process the paperwork in the morning (this morning). Got a call back from the guy at Bennetts saying the underwriter has now refused me insurance, but another broker (Aviva) will do it for £15 more. I couldn’t be bothered with all the hassle of sorting out another insurer, so I said OK. He put it through and then noticed the first incident wasn’t added "for some reason", so would have to add it in. Did so and said it would be another £55 (ish)on top of the £15 I’d just paid. I told him I wanted the policy cancelled out of principle. He charged me £30 to cancel the policy. I was a tad annoyed obviously, but guess it was in the small print, so sucked it up. He now tells me I have to declare the refusal of insurance for any future quotes from any insurance company. This will obviously affect my car insurance premiums as well and is something I will have to do for the rest of my life unlike accidents/claims, which last 5 years and then are wiped off. I went away and did some more quotes at comparison sites just now and the cost has now doubled (£400 TPFT), by adding the first incident. Worse still, as I declared I’ve been refused insurance (which I’m told I have to do by law), I’m only insurable by a small number of companies, the kind of companies, who will only insure “problem” drivers. What are your thoughts on this? Do you guys think I have any hope, or am I stuck with this millstone for life? Was I right to not mention the first incident that wasn't actually a "Claim". Cheers, Max.
  23. Hi looking for some advice,got a ccj judgement against me 2 years ago,i was on the dole so a was oredered to pay £10 a month,and a second charge put on my property for the debt. .Last week i had to attend court again because there had filed a disclosure of assets against me...no big deal im on the dole anyway...but i did have to pay £50 on there behalf,and use my own time to fill it in...whats the earliest time there could apply for me to go back and fill anyother disclosure of assets form in...could there have me in there every month...every year...anyone know??? thanks
  24. Hi All, I need a bit of help with this as its quite complicated. I took out a home insurence policy with Tesco on thier standard cover on the 17th Dec 2012. i added on £14,000 for unspecified items cover away from the home. A month later i relised that i had made a mistake when reading the small print it stated that this was a total claim limit and wouldnt cover what i wanted. I rang Tesco and explained the situation. The advisor told me the best thing to do would be to cancel the current policy and start a new one where i could specify the item i wanted covered. She did this and changed the policy to thier 'Finest' as this was the only policy with a high enough limit. Unfortunatley whilst i was on holiday i lost the said item (watch). I did all the right things like inform the police, inform the ferry operator and then submit the claim to the claims line. I now have had a letter from AXA's technical underwriter stating that i didnt disclose the 4 previous claims( 2 x accidental damage, 1 x loss, 1 x theft) and had they had known they wouldnt have accepted the policy. They want an explantion as to why i didnt disclose this information and that they could void the policy from inception and remove all benefits. Now the issue i have is, the first policy was cancelled. A brand new policy was set up by the Tesco advisor. As far as i am aware she did not ask any questions relating to prior claims. As far as i am concerned the material non-disclosure was inadvertent due to the error on the part of the advisor. where do i stand in respect of the policy with AXA? any help would be great. Thanks
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