Hello - Disability Discrimination case against local service provider

[Bluetealeaf]

We're currently in the process of taking a local service provider to court for disability discrimination. We are representing ourselves, and have our case nailed. What we are struggling with is court procedure.... what's going to happen, what we can and can't do.

Thanks

[jaguarsuk]

On arrival at the court sign in with the court ushers.

You'll be asked to wait until called and then on being called both parties will be led into the court room with the defendant preceding you. The usher will announce the parties.

The judge will make an opening statement and then invite you to make yours, which should be a summary of your case. Once you have finished the defendant will be asked to respond and plead their case. It tends to go back and forth until a point the judge is satisfied they have heard enough and is ready to rule.

Do:

Refer to the judge as Sir, Maam or Judge.
Stand when speaking (unless your disability does not allow you or the judge indicates you don't have to - check with the usher before going in).
Wait for the other side or judge to finish talking before you start to talk.

Don't:

Interupt the Judge whether you agree with them or not
Address the other side directly, all conversation is to the judge
Get angry or shout out - maintain a calm professional approach

[Bluetealeaf]

Thank you, that's very helpful. Any info on direction hearings?

[jaguarsuk]

Thank you, that's very helpful. Any info on direction hearings?

Same deal really.

When the judge rules take notes of what they say, the order from the court clerks might take longer to come out than any deadline they set, but you'll still be expected to comply with it if you have appeared before the court.

[Bluetealeaf]

Thank you very much, much appreciated.

[Bluetealeaf]

Am I ok to ask more questions here, or should I find the relevant section?

[jaguarsuk]

Ask away as I can tag folk in if I can't answer.

[Bluetealeaf]

Ok, here goes.

1. Can a request for further information be done at any time before the hearing?

2. When we send our supplimentary evidence (part 8 claim) do we send their witness statement with all the inconsistencies shredded? Or, do we keep that for the hearing?

3. When we send the supplimentary evidence, do they have to receive it within the 14 days, or is that a cut off for posting?

Thanks in advance.

[jaguarsuk]

Ok, here goes.

1. Can a request for further information be done at any time before the hearing?

2. When we send our supplimentary evidence (part 8 claim) do we send their witness statement with all the inconsistencies shredded? Or, do we keep that for the hearing?

3. When we send the supplimentary evidence, do they have to receive it within the 14 days, or is that a cut off for posting?

Thanks in advance.

1. You could try Part 18 question to understand their defence as they have plead it, but the questions need to be quite specific and they may not answer them. Enforcing their answer with a court order could be costly while not necessarily wielding much of use to you.

2. You should file your version of events in a Witness Statement format, but do not make reference to their points raised in theirs. WS are not liek the claim form, defence or reply to defence where you are specifically referencing arguments made and countering them. WS are a chronological story of the events as you see them.

3. The court order should give directions of when deadline for disclosure is to take place, but it is usually 14 days prior to the hearing.

[Bluetealeaf]

Thank you.

On Q2, should we be preparing a reply to defence, where we counter their version of events? And, if so, do we include it in our supplimentary evidence?

[jaguarsuk]

Thank you.

On Q2, should we be preparing a reply to defence, where we counter their version of events? And, if so, do we include it in our supplimentary evidence?

A reply to Defence should have been filed within 28 days of the Defendant filing one.

[Bluetealeaf]

We're only 8 days after their response to contest, we're just short of a week from the deadline to submit further evidence, and we are unsure whether to file a reply to their defence. Because their defence is riddled with inacuracies and contradictions it may make them think we have a great case, or.... it may help them to form a better argument.

[jaguarsuk]

Yes, if their Defence has inaccuracies you file a Reply and reference the paragraphs with inaccuracies then counter them.

Eg. Paragraph 2 is denied, the Defendant did this that and the other.

Is there a reason you didn't look for a no win no fee solicitor to handle the claim?

[Bluetealeaf]

We did, but no one seemed interested.

Can we wait until the main hearing to counter, or by not replying are we accepting their defence?

[jaguarsuk]

We did, but no one seemed interested.

Can we wait until the main hearing to counter, or by not replying are we accepting their defence?

It's not incumbent on you to file a Reply to Defence and you can contest their points in the hearing, but if there are legal points to be made or case references if can be helpful to have replied as it gives the judge forewarning to read up on them.