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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9355
Experience:  I have been practising for 30 years.
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I am being taken to tribunal for unfair dismissal,judge told

Resolved Question:

I am being taken to tribunal for unfair dismissal,judge told me and claimant to exchange documents 3 days ago,i have met my obligation but claimant ha still not sent hers and told will be ready in 4 days,i feel this is not fair as I kept my side of the judges arrangement,can I ask for case to be dismissed or anything else
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

It is one of the frustrating things about the legal system litigants regularly miss deadlines usually without penalty. You can ask for the case to be struck out but it would only happen in exceptional circumstances if your position had been severely prejudiced such as, if the court hearing was tomorrow and you had only received the documents today and you needed to take legal advice on them. Even then, it’s unlikely that a strike out woodwork and probably the best that you could hope for would be an adjournment and potentially a cost order against the other side.

I’m sorry, I wish I could give you a more favourable answer.

If the documents do not arrive in 4 days, you can then threaten an application for an “unless” order which is an order that unless the documents are provided by a particular date, the cases struck out. Matters like this are not regularly struck out except for gross non-compliance

Can I clarify anything for you?

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We can still exchange emails. Best wishes.


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