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Joshua, Laywer
Category: Employment Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it okay to share the Claim form and response with a

Customer Question

Hellois it okay to share the Claim form and response with a journalist for a public hearing. I am the Claimant and they have requested the document prior to the hearing.
Submitted: 15 days ago.
Category: Employment Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

May I confirm if this is a family case or another form of claim please such as a claim for breach of contract for example?

Customer: replied 15 days ago.
Dear *****,It is an employment matter. Thank you. ***** from a national paper has requested the ET1 and ET3. To be safe I checked with the opposition who are represented by global law firms; and they have said it is not allowed in strong terms.
Customer: replied 15 days ago.
The hearing is this week. I read in some places that the Journalists should have been allowed access.
Expert:  Joshua replied 15 days ago.

Thank you. The following rules apply in respect to disclosure and inspection of documents:

44 Subject to rules 50 and 94, [and the provisions in this rule regarding hearings by electronic communication,](a) any witness statement which stands as evidence in chief shall be available for inspection during the course of the hearing by members of the public attending the hearing unless the Tribunal decides that all or any part of the statement is not to be admitted as evidence, in which case the statement or that part shall not be available for inspection. [Where a hearing is conducted by electronic communication under rule 46, inspection of the witness statement may be otherwise than during the course of a hearing.](b

documents in relation to an application should not be disclosed to third parties without permission from the tribunal save as above, however the decision in News & Media Ltd v Rozanov and EFG Private Bank Ltd [2022] EAT 12 provides that in general, an application consent should be provided to journalistic requests for documents on grounds of the principle of open justice unless there are specific reasons which displace the public interest principle. As such, you can apply to the chairmen for permission to disclose the documents proposed and there should in general be no principal as regards ***** ***** documents should not be disclosed

Customer: replied 15 days ago.
That is very helpful. As a layman, are you basically confirming that I cannot share the ET1 and ET3 response, to the Journalist prior to the start time (10am) of the hearing?
Customer: replied 15 days ago.
Ofcourse I understand Applications require permission :-) so my query relates specifically to the main claim form.
Expert:  Joshua replied 15 days ago.

That is correct - documents should not be shared with parties other than partis to the application other than in accordance with the rules above or without permission from the tribunal though in general, permission should and would be granted on application in this respect under the above decision

Customer: replied 15 days ago.
Fantastic, God bless and thank you!
Expert:  Joshua replied 15 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 14 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.