unagreed bundle

[Nobbysnuts]

ET case imminent. Judge orders disclosure one week with bundle to be agreed a week later.

 

Due to non-compliance by the respondents we got their list of docs served less than 48 hours before the bundle is to be agreed. Acknowledged we would get back to them to agree bundle.

 

Five hours after that they send through their witness statements - which they had purposely not included ( 6 days after receiving all of our bundle - so obviously been using our stuff to prepare them) - and a note saying they were sending the bundle out THERE AND THEN!

 

I immediately wrote back saying we had not agreed bundle but would do so overnight.

Bottom line is they sent it out anyway - a day early - without our agreement. It's now with the ET and full of irrelevant material.

 

What next? They seem to be able to do what they like. Ignore court order one week and then ignore us the next. Are they really allowed to get away with this?

[smokejumper]

Gather all your papers you want included in the bundle and send to the court, you have to send a copy to the respondents as well.

 

take 6 copies on the day and number them so they can be added without confusion.

 

Sadly the ET system does seem to be strange and its just another of the silly tricks that are played.

 

You could ask for an "unless order" but I would just ignore it and not get stressed.

 

I take it you are representing yourself.

 

I'm not impressed with the system, seems a lot of trouble for little reward and if you get representation it might cost more than you will get.

 

It seems from reading, that more people are going to the county courts to deal with it.

[Nobbysnuts]

Thanks.

Yes, representing myself so far - although got a conference with a barrister now as they are really scraping the barrel - all depends on costs really.

Our material is in bundle that's gone off so not worried about that.

Just concerned about all the irrelevant stuff. Do the judges read before the hearing or just wait to get taken to it on the day?

The advice I have had is that I have an extremely strong case - they're just trying to blacken my character and muddy the waters. Just hope the court sees through it.

[smokejumper]

If it's irrelevant, then don't worry about it.

 

From what I've read, they are not interested in hearing you are a rascal etc, just interested in what laws have been wronged.

 

As I said, is it cost effective to get a barrister, the payouts don't seem to be fantastic, might end up out of pocket as you don't normally get your costs back.

[Nobbysnuts]

Thanks for replying. Will try not to worry then.

 

[SweetLorraine]

Sound advice from smokejumper Nobbysnut. I'm afraid this happens quite often. The ET doesn't seem to clamp down on it - the attitude seems to be - well, forget the respondent's antics along the way, we are all here now (at the hearing) let's get on with it. Respondent's solicitors may seek to mess you around as much as they can in the processes that lead up to the hearing itself. It is meant to unsettle you and reduce your chances of success before you appear before the tribunal itself.

 

 

Good luck with it.

[Nobbysnuts]

Thank you so much. It's one hell of a rollercoaster ride and theyve played games all along so nothing surprises me any more. Such a shame that rules are allowed to be broken. Hey ho!

 

I won't give up. They can throw what they like at me.

[smokejumper]

Don't let the respondent take over, they seem to want to run the show.

 

I'm not sure they go through the bundle, just read your statement.

 

Get all your points across, spoon feed the judges, pretend they are thick and know nothing ( you really will be convinced that they are).

 

Don't rest on your laurels because you have been told you have a strong case, work really hard to show it's strong and why.

 

How long is it scheduled for.

 

You may be lucky and they approach you with an offer, but don't bank on and be prepared.

 

Good luck and please let us know how you got on.

[Nobbysnuts]

I'm far from resting, I have no doubt that loopholes are found or that I may just be unlucky on the day.

 

They will never make an offer!

 

Will keep you posted when it's finally over.....

 

Thanks again for all the advice.

[becky2585]

Witness statements aren't exchanged with bundles. They're usually exchanged 2-3 weeks before the hearing!

 

Regarding the bundle, I would write to the ET and state the bundle is not agreed and therefore you will be applying to have the irrelevant sections struck. If you've got a few weeks though I would try and do it with the respondent first. They need to amend the bundle and include a "disputed documents" section.

 

It's probably nothing to worry about. Ultimately, the Judge will decide which documents they want to see and whether they are relevant!

[steampowered]

The general rule is that everything goes into the bundle. I don't think you should be concerned about irrelevant material. If the material is not relevant then the Tribunal won't take it into account. You don't have any right to insist that documents are removed from the bundle.

 

Assume that the Tribunal will not read anything in the bundle except for documents specifically drawn to their attention during the course of evidence.

[Nobbysnuts]

Thanks again everyone.

[Pusillanimous]

The tribunal can and do look up documents ahead of the hearing if something piques their curiosity. Usually at the reading stage.

 

Therefore, when you do your witness statement, make sure you cross reference it to key bundle documents.

[Larrysmith]

I'm far from resting, I have no doubt that loopholes are found or that I may just be unlucky on the day.

 

They will never make an offer!

 

Will keep you posted when it's finally over.....

 

Thanks again for all the advice.

 

Your hearing may already be past but if not, what ve just read sound very much like my experience.After the trouble of preparing my bundle they insisted on not including,the respondent solicitor before starting cross examination instructed me to put that bundle on the floor(pointing to my bundle) reason stated was to give me room on the table.It worked first hearing and as soon as I put my additional prepared bundle on the floor,under the pressure of cross examination I totally forgot about it and ended up not referring to it,of course it contains all my vital documents and that's why it was rejected.I lost that case

 

In the second part of the case exactly the same thing happened but under cross examination I suddenly remember my vital document in my bundle is on the floor so I reached for it and behold a single document that led to a favorable decision was in the bundle of the floor.

Therefore beware if some one pretends to be nice to you instructing u to put ur prepared bundle on the floor to give u room.

Best wishes

[Pusillanimous]

The person cross-examining you has absolutely no intention of being nice to you! Treat everything they do or say with great suspicion and think hard before responding to them.

 

They are being paid handsomely and they will do anything to win.