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samuelt

ET CCJ - Out of Time (Claimant keeps appealing) Do I have to present any paperwork?

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Hello Everyone

 

I hope that someone could help with the following legal situation:

 

Someone took me to the County Court to have enforcement of an Employment Tribunal granted as the original ET decision was 11 years old. YES 11 Years Old!

 

At the first hearing the DJ struck out the judgment and listed a date for the matter to be heard again (the claimant did not attend).

 

At the second hearing, I was stuck in traffic and did not get to the court in time and judgment was awarded to the claimant in default.

 

At the third hearing where we both attended, the DJ heard submissions from both parties and struck out the claimant's request to enforce the judgement as it was substantially out of time.

 

The claimant has appealed that decision, again not within 21 days, but 55 days, and was refused on paper as being "totally without merit" and with no excuse for being ouside the 21 day time limit.

 

The claimant is entitled to have that decision reviewed at a hearing, I am just wondering the following:

 

a) Do I even need to attend?

b) What will be the courts view on his constant flouting of the time limits?

c) Is 55 days anyway acceptable if he has no reason?

d) Do I need to present counter arguments to his alleged evidence? even if they do not touch on his delay outside the time limits.

e) Do I need to make a skeleton argument?

f) At the last hearing, I was asked by the DJ if I wanted to make an application for costs, I said that as long as the matter was at an end, then no. My question is what costs can I apply for, can I apply for the previous hearing if I declined to seek costs then?

 

Thanks everyone for any advice

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