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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can I challenge a case management order to provide the Tribunal

Resolved Question:

Can I challenge a case management order to provide the Tribunal with a statement of means following an application for costs. And if so, how?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why do you wish to challenge this?

Customer:

Hi, the costs application has not been set out in full yet and so I wanted the opportunity to defend this and get a decision on costs in principle before I have to complete a statement of means.

Customer:

hi there

Ben Jones :

What stage of the proceedings are you at now?

Customer:

case found against me and other side started costs application but not completed it

Ben Jones :

ok let me look up a few things on this please

Customer:

thanks very much

Ben Jones :

As this is a formal order of the tribunal, you would expect to comply with it, unless you can get the ET to review it and either amend or remove it. You may only really do this by submitting a formal request to the ET, asking for the changes you are after and submitting your reasons for doing so. There is no formal application form you need to use, it is simply a matter of writing to the ET, quoting your claim number and specifying what you are asking for and why you believe the tribunal should order it. You also need to copy the other side with your application so that they are aware of what you have asked the ET to do.

Customer:

but I meant can can they force me to provide a statement of means or can I challenge them forcing me to do it

Ben Jones :

Well you challenge them by asking for a review of that order by writing to the ET with your request and reasons for it - if they disagree with it and the original order remains then you would be expected to adhere to it. You cannot be physically forced to provide it but questions will be asked if you do not do so

Customer:

sorry to be a pain, but what do you mean by "questions will be asked if you do not do so"

Ben Jones :

well the tribunal will want to know why you are refusing to comply with their order, especially when they have considered your application and refused it, as parties are generally expected to adhere to tribunal orders

Customer:

ok, thanks very much for you help

Ben Jones :

You are most welcome

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