Interested to know what the longest delays people in here have faced are and any tips you have for anyone just starting out who inevitably will get something similar with the increase in cases from the ERA 2025.
My personal approach might not be the best to recommend as I tend to push it to the back of my mind but it weighs on me even sometimes.
Would love to see your responses and thanks in advance.
Dates randomised for anonymity(assume we are now in March 2024)
Case filed in March 2023 along with an offer that was never responded to.
Sep 2023: Me and the R are ordered to send med evidence and a statement along with a response. Following the response I make a 2nd offer which is ignored for 2 weeks and then settlement talks are shut down after I push for a response.
March 2024: hearing meant to be held this month is delayed until September. As I have already sent more than what was asked for by the R in their response I ask for a reconsideration to their stance on disability and am told it will take a while to take instructions. Fully costed SoL sent which is more than double the March 2023 offer and almost 25% higher than sep 2023 offer.
I am considering redoing an offer at a similar level to march 2023 as the process is grinding me down but don’t want to come across as desperate and cede any ground in the battle of wills.
What would you guys suggest?
Thank you in advance.
Question for the rep’s in here. Interested to know if you guys have defended more than 5-6 cases for the same respondent in one year. If so do those who are always being taken to tribunal approach settlement differently or are they treated differently by a judge having to see them multiple times for similar issues. I would assume it has to be case by case for the last point but surely there is a line where the judge punishes them for repeat offending.
Thanks in advance.
Just a follow up to my previous post about making an offer of around 50% of my SoL(based on my hearing date)
I have a couple of issues I reckon. Firstly my hearing is in 6 months. I’m still waiting on a concession on a disability point as the client is dragging in giving their rep instructions. My last settlement offer was also around 60% of what I intend this offer to be and wasn’t given a hard no but asked to provide evidence of things like inj to feelings and then told we won’t entertain settlement offers at the moment.
Is going in with a significantly lower offer a bad idea as it might come across as desperate to settle?
Thanks in advance.
If your hearing is in for example 8 months, would you be better off proposing an offer to with the SoL up to the date of hearing and then proposing a lower amount as a commercial offer to entice a settlement. That way if you do go to hearing you can stick to your SoL with full justification.
Thanks in advance.
How long would you say it takes to “receive instructions” on average and is it dependent on the issue at hand. For example something like a settlement or a concession on a point I assume would be longer than usual.
Is there anything in the works regarding delays and how to reduce them. I’m seeing some cases wait 18 months for a PH and then get a 4 day final hearing 6 months after that.
I would think 18 months for a PH is too long but then I see people being listed for 2030.
It affects both respondent and claimant but I think on average it affects more claimants as they may be out of work due to the R’s actions or the stress of a multiple year case could get to them.
Interested to know the thoughts of the people in here
So I did as suggested and contacted the Respondent’s solicitor.
I asked that now I had provided what they had requested to consider conceding on disability had their position changed as this would negate the need for a PH and made no mention of any intention to pursue a PTO.
Usually the solicitor is very quick to respond even if it’s something as simple as saying they will receive instructions but this one has seemingly been ignored.
If i was to win at a PH would I be able to use this email as proof to secure a PTO as I did all I could to resolve the matter before the hearing.
Thank you in advance.
Would I be justified in making a PTO after providing what the respondent requested to concede a point? The point being the basis of our prelim hearing. Would this be counter productive or inducive to perhaps reaching a settlement. Thanks.
For a substantial PH, is the bundle the be all and end all for things you can rely on? For example if the respondent made an admission in an email to the tribunal but then did not include said admission, would they be able to pivot and change their argument as the evidence is not in the bundle.
Sorry for the long post and thank you for all the help
Does the judge only rely on the bundle for the hearing? Or are they able to access previous CMO statements by the respondent not included in the bundle and if not does this allow the respondent to alter their arguments as compared to having to stick with the position of the CMO statement if included. Sorry if this is long-winded and confusing and thank you in advance.
Is a costs warning letter the biggest sign the respondent thinks you don’t have a leg to stand on? Or is it something else like no settlement discussions or refusing to engage in them. I imagine its the former or are hard no’s uncommon in this field.
Thanks.
If a respondent had a 5 figure judgement against them for a specific act, then turned around and committed the same act a few weeks later does that hold any weight with the tribunal? Or do they just have to prove they updated their policies 18 months letter and get away with it because they have “changed”