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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6435
Experience:  Senior Associate Solicitor
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Keep forgetting to ask you a new question! Apologies. Yes

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Keep forgetting to ask you a new question! Apologies. Yes stealing is criminal and it was a rubbish example. Say, then you were working for me and I sacked you as you’re gay and disabled (!!! My examples are getting worse!!)You claim 2 things: sacked for being gay and sacked for being disabled. (It’s the shortest claim form ever!)I reply equally shortest defence in the world and just say, dear ***** : ‘I deny sacking you coz you’re disabled’ regards helenCan you now make an interim payment request on the basis that I clearly admit I sacked you for being gay since I didn’t deny that?

Not really as whilst that is inferred, it is not an admission of liability (i.e. a positive statement which admits liability in some way). By leaving something out or not saying something then an adverse inference can be drawn but that's it - you could apply to strike out a case based on that but the applicant still needs to prove their assertion before a judge. The rule for an interim payment is clear in that either you need an admission of liability - or a judgment in your favour (both positive things, nothing is inferred).

I hope this clears the issue up. I realise you think this is unfair but in a civil case you still need to prove your case on the balance of probabilities.

Thanks again

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Customer: replied 2 days ago.
No problem you’ve been fabulous. Time to now lie in a darkened room! Wish this was over