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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I attended a pre hearing review as the Respondent tried to

Customer Question

I attended a pre hearing review as the Respondent tried to strike out my claim. The judge refused the respondents application. At the hearing a number of orders were made including inspection of documents, and the Respondent to provide a bundle to me the claimant by a 05.03.13. The Respondent has failed to provide the bundle and has failed to provide me with the emails I requested in their posession which forms part of my case. Today was the deadline for witness statement exchanges. I sent them mine and they emailed to say they will send theirs Monday. I said the deadline was today and that I will be informing the court of the latest failure to comply with the deadlines set in the order. My question is, because the deadlines have not being compiled with, what can I do? I understand under Rule 13(1) the Tribunal can make a costs order. If so how do I do this, is there a form on the court website I can use to request strike out the claim. The tribunal date is Friday.
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Is this an employment case?
Customer: replied 5 years ago.

Yes, sorry I did not make this clear.

I worked for a law firm, I gave my 6 weeks notice and after giving my notice (this is not disputed by the Respondent) I was told that I was being dismissed for gross misconduct for not organising an event properly. This accusation is disputed andI have evidence showing the event was organised. I understand that this wouldnt be a reason anyway for gross misconduct. Since then the Respondent has given many reasons for the gross misconduct, all of which are disputed and I have evidence to support this. The Respondent tried to strike out my claim stating that I had no intention to work my notice even though I arrived for work. They were referring to the wording in my resignation letter, but the judge said it was clear from the wording and because I arrived for work that I intended to work my notice.

Expert:  James Mather replied 5 years ago.

So the WS were supposed to be in today for a
hearing a week today and they have promised them Monday?

What has this cost you finacncially?

Customer: replied 5 years ago.

Yes thats correct. There has been no financial cost, however I thought I could capitalise on the fact that this is the 3rd deadline they have failed to comply with under the order along with not providing me with the bundle and not providing me with the documents I requested under the inspection of documents section of the order. I understand that if an order is not complied with the claim can be struck out. Obviously I dont want to strike out the claim as its my claim but is there an order I can apply for to help my claim. The fact that they havent provided me with the emails I requested affects my evidence.

Expert:  James Mather replied 5 years ago.

I would probably stay quiet as this is prejudicing your
case you can raise it with the judge on the day and ask for adjournment and costs
at £18 per hour for all wasted time.

Alternatively, you can apply to court for an "unless
order", unless they let you have these docs by X date, their defence is struck
out and judgement awarded in favour of the claimant.

You need to attach certificate of urgency (letter) explaining
the urgency and curcumstances and consistent failure and draft order along with
the application. It will then be before a judge usually within a day

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The thread remains open for us to continue this exchange