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    • I think it is only fair to make a suggestion - which can be freely disregarded and perhaps this is splitting hairs.   13. Furthermore, as per another letter dated 30th July 2021, the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in accordance with CPR 45.2 (Table 1). The fact the Claimant made no reference or justification for seeking legal costs above this cap - despite being legally trained - leads me to believe the letter was instead a deceitful attempt to intimidate the Defendant into payment rather than a justified claim for costs. I believe this omission, be it negligent or deliberate is evidence the Claimant has acted unreasonably towards the Defendant and the Defendant is therefore justified to make their own request to the court in accordance with CPR 27.14 (2) (g) to award their full costs outlined below to be paid by the Claimant.
    • Hi!   One point I forgot to mention in my first post, I was sent home after the first anniversary of the "First Written Warning" over the "soldering iron accident" that occured April 2020, and at the time I was sent home on enforced sick leave, the "two–shift coronavirus" shift system had ended and we were all back to being employed normal daytime working hours with everyone in attendance!   I did ask my manager/H.R. during the meeting of 26th May 2021 at which I was sent home, was this being considered a disciplinary matter again and I was assured, both verbally and subsequently in writing, that it was NOT, they called it "safeguarding!"   I have sent regular fit notes to my manager by way of my colleague Steve, who as mentioned, works at the same employer doing identical work to me, and will be collecting another note from the surgery tomorrow!   (As regards the c.v., I have had both vaccinations and during a recent admission to Walsall Manor Hospital about two months ago for mild pancreatitis, was tested again for c.v., which I assume came back negative as nobody came running about after me!)
    • Yes I see that under CPR 45.2 Table 1. While the court has the authority to cap the costs, I'm not sure that means the claimant is obliged to claim in accordance with table 1. It is simply that whatever they seek is likely to be capped except in the circumstances you state. VCS likely see it as a free bite of the cherry to claim £220, after all the defendant may - although probably not - act unreasonably and their claimed costs may - although probably not - get awarded. Anyway minor point and unlikely to affect the outcome - good luck.
    • Yes, legal costs are capped at £50 for the amount VCS are claiming.   They could only be awarded further costs if the judge decided the OP had behaved unreasonably in litigation.
    • Hi!   I work in Aldridge repairing industrial electronics PCB's.   In November 2019 I found I was starting to have difficulty with the vision in my right eye, that started off as distortion of vertical lines, and over the next three months this gradually got worse, until, February 2020, the vision in my right eye had got hazy to the point where I felt it was no longer safe to drive my car and I gave the car key to my friend Steve whom I live with and who works for the same employer as I do, doing an identical job to me.   I went to see my optician in March 2020 who examined my eye, she said she couldn't examine it properly and referred me to the Opthalmology Department of Walsall Manor Hospital.   By then the c.v. nonsense had set in and it was September 2020 before I got an appointment to be seen and after a detailed slit–lamp examination, it was decided to attempt to treat my right eye with YAG Laser Capsulotomy on the December 15th 2020.   This procedure was unsuccessful and I was advised at a further Appointment on 7th May 2021 that Walsall Manor were unable to treat my eye and were referring me to New Cross Hospital for a more major consultation, which I am still waiting for.   On 26th May 2021 I was called to a meeting upstairs at work with my immediate manager and HR via video, and told I was being sent home on enforced sick leave until after my eye was operated on with the more major operation.   I have been off work since 27th May 2021 and my manager and H.R. are refusing to allow me to return to work and I have exhausted my company sick pay.   At the meeting upstairs at work I stated that I felt I had adequate vision in my left eye to be able to do my usual duties and there was no need for me to be off work, but this was brushed aside!   How do I stand when, as in a case like this, where the manager/employer forces me to take a long and continuing sickness absence with no idea of how long it will go on for?   I do not know when New Cross Hospital will write to me regarding a consultation for the more major surgery my right eye will need!                
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Data Protection Act compliance


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For the info of the many claimants disgruntled about non-compliance on Data Protection Act. You do not need to launch such a lawsuit, just to wave the precedent in the air and demonstrate to noncompliers that you know how to do it, and what it will cost them.


http://www.consumeractiongroup.co.uk/forum/general/80804-tom-brennan-natwest-must-32.html post number #637


In the small claims track from what I have seen, you dont have to ask permission to sue for damages and exemplary damages, I had a little bit of experience at that in my case against the RBOS, It started off in the fast track and it was the Judge who moved it up to the Fast tack, I also asked for damages and exemplary damages.................but before you can ask for exemplary damages you first have to prove actual financial loss.

You dont have to ask for permission if you prove "loss" you then have to prove your case for damages............its really TWO cases in one.

You can claim up to £100.000 in the County Courts

Exemplary damages are damages that can be awarded as a punishment in Retribution (Law of Retribution) for a civil wrong that has been made against the Claimant. This is really a fine that is ordered but instead of it going into the courts coffers it goes to the Claimant.

In my case I could not give enough proof of financial loss so therefore could not claim for the damages I claimed, which included exemplary damages. Even though I "won " my Data Protection Claim.





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