We are approaching DRA and final hearing of 2 weeks duration.
I’ve had a relatively good relationship with the original solicitor involved who has been professional, communicative and fair.
Someone else has now taken over. And is not of the same approach.
Is this normal as we get close to the latter stages of the case?
Play silly buggers at this time. Witness statements exchanged. R solicitor wanted the position statement and SOL before they sent theirs despite cmo saying same day exchange.
Sent mine as they said theirs was ready…and they’ve sent invalid password.
Seems very silly given the most important documents have been exchanged….although they did send some blank ones across on that too.
I’ve spoke to this person for the best part of 2 years and agreed to extension after extension in the interest of being amicable and now left on read 😆😆😆.
It’s not like the position statements are going to align so I can’t see the big deal but clearly they’re liaising with the R right now and can’t reply!
After witness statements have exchanged, what happens behind the scenes please? Do these get emailed to respondent for them to review and have a discussion with the solicitor?
And then prep for cross exam?
Thank you
So, ADR coming up. Respondent delayed witness statements from end of April to next week. Was annoyed at first because I’ve granted extensions throughout and I had hoped they would be more organised. However, it’s done me a favour as time to listen to the many many many hours of audio, which gives so much support to the list of issues.
The CMO for ADR says that you can include essential documents for the hearing. I have a video which proves all 3 whistleblowing events/issues. Would that be appropriate to submit at this stage? I’ve already disclosed to Respondent.
Thank you
Following on from my earlier question regarding audio. I have now listened to the majority of it….its been a long old day!
I will go back into it and keep taking notes.
My question is this. The person making allegations against the claimant, along with their 2 close friends/colleagues of which one supports and the other partially supports was supported by the same union representative.
Now this rep sat in 12 interviews the person making the allegation. They spoke for the person, they spoke over the investigator, the posed leading questions to the person. The investigator nor HR stopped this.
I believe it is inappropriate and undermines the investigation for the same rep to support all 3 closely connected people.
Are there any legal issues, codes breached etc that anyone is aware of please…primarily to help me be realistic in whether it was inappropriate or not.
Many thanks
Good evening. The respondent sent through over 20 hours of audio late last night. Witness statements were due today but they have asked for another extension (originally was due end of April).
I’m skimming through them but just wanted to clarify how audio goes at final hearing. If I’m cross examining and have a question relating to it, I’m assuming I would note the audio reference and minute/second and ask for it to be played…or do I play it from my laptop?
Might seem very trivial but I don’t want to turn up and have to subject the tribunal to 20 hours of audio!
Thanks
Good morning. Hope everyone is well and the sun is shining.
I’m wondering. If there are parts of the GOR and amended GOR that contradict themselves regarding a meeting, would you mention it in the witness statement? Or is that something you would ask in cross examination from the person direct?
Eg at the meeting on xx, Joe Bloggs said xxx. Joe Bloggs originally denied this meeting took place (p123) but later did recall it (p456).
I know there should be no intention of catching the respondent off guard at final hearing so just wondering the best way to go about it. Thank you
Hi everyone. UK LIP here. Respondent has repeatedly asked for extensions, which we have always agreed to. Several over the last week as witness statements due and they’ve now only discovered notes and decided to reach out to someone who has left their organisation. Frustrating as they have had the CMO for so long but it is what it is, if they say they’re not ready then no alternative.
There will now be just a week for ADR.
From what I’ve gathered…Judge will review the small bundle of witness statements, position statement and schedule of loss. Give consideration as to the merits. Talk to each side about the strengths and weaknesses of the case and go between both to see if a settlement can be reached.
My question is what prep should I do before…what prep does a solicitor do to represent the respondent? What can I do to make the most of the meeting? Is there anything I can do to assist the judge and other side in ensuring it runs smoothly?
For the judicial mediation meeting (which they pulled out of) the judge asked the respondent to provide any terms of settlement for me to review. It doesn’t say that in this CMO for the mandatory mediation so I’m assuming that they won’t provide it freely.
Also, for witness exchange, there were some aspects such as which policies we rely on, that the respondent had additional time to provide supplementary witness statements to respond to that. The solicitor has emailed as if they will respond to the full witness statements we provide! Do I just politely remind them of what the CMO says?
Sorry for all the questions!