Jump to content


In a claim against an organisation - does term "defendant" cover individual employees


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1920 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I was in a legal dispute with a University over a discrimination issue.

It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University.

 

In the Order it stated the matter against the Defendant was concluded.

 

I have a couple of queries...

 

1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals.

I am not looking for financial award just a declaration of victimisation.

All documentation and Court papers has the Defendant as this particular University.

 

2) The Defendant was ordered (by consent) to pay damages - but without admission of liability.

Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'.

Link to post
Share on other sites

Hi,

 

1) The Defendant would include the university and their servants or agents (I.e. The employees.) You would have a hard time suing the individual employees for the same thing.

 

2) No that's not the same as not guilty. It's just settling the claim on a commercial basis as it's cheaper than fighting it. It's probably the case that they were liable but they didn't want to admit that or fight it.

Link to post
Share on other sites

Thanks for the reply...I guess the issue is over.

 

I do sometimes have doubts about the settlement.

My heart says I should have continued but my head said to settle - especially as the University was offering a financial settlement.

 

On the Court Order there is a Recital Section in which it is confirmed that the University offered an Agreement 4 days after receiving a Draft Court Claim.

 

The links below, helped make me decide to settle.....

 

Statistics: only 3% of claims go to a Full Hearing

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/382592/civil-justice-statistics-quarterly-july-to-sept-2014.pdf

 

Requirement to settle out of court

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

 

Discrimination cases

http://piperhoffman.com/2010/08/09/the-top-ten-myths-and-facts-about-suing-your-employer-for-discrimination/

Link to post
Share on other sites

Johnnyboy it seems to me you don't realize how lucky you are to have received such a settlement without a fight.I wouldn't even think of reopening the issues. Your claim would very likely be struck out as an abuse of process.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...