Negotiation and settlement

[GoldenRaven]

Before I answer your questions 1-3 can you confirm:

1, Date of witness statement exchange?
2. Date of final hearing?

Answer to your Q4 you have a duty to disclose all information related to the claim whether it support sor otherwise the claim so yes you would need to share the report with the respondent whatever it states.

Hi ULA ,

Thank you,

1, Date of witness statement exchange: 28 February 2024
2. Date of final hearing: 16 September 2024

[ULA]

Given that the witness statement exchange is due later this month and the final hearing is not until 16 Sept. I would suggest email the respondent or their representative and ask if you can agree between the parties a new date for exchange of WS.I would not say why but that you are not yet in a position to complete and exchange by 28 Feb and given the hearing is not for another 6 months you do not see any adverse reason for an extension not being agreed. Insert a date by when you can agree and so long as it is not too far out from 28 Feb. State that you believe that this should still allow both parties to fully progress the case to hearing with no impact.

If this is agreed then each party will need to write to the ET, copying in the other party detailing the agreement to the extension of exchanging of WSs to xxx date. Alternatively, you could get the respondent's agreement that as you first proposed the extension of time, you write to the court explaining the position, that you have agreement of the respondent and copy them in.

I hope that by now you have a medical expert appointment lined up and an estimate of time to produce the report. The full report will have to be sent for inclusion in the bundle, which I presume the respondent is preparing, well in time before the hearing bundle is due to be finalised as per the Case Management Orders, albeit disclosures duties apply beyond this.

I believe that answers all your post #29 questions.

[GoldenRaven]

Thanks, ULA, it may seem that I take so long to read these posts, but it's only because I don't always have my login handy.

I have taken all the steps you suggested in your last post. We are waiting for the Respondent to get back to us, they are taking a while.

The bundle has already been agreed, but as disclosure is ongoing the medical report will be able to go into the hearing bundle.

We have a date for the medical witness, I used the questions you suggested for them to confirm the scope of the medical assessment and report so we have the required bases covered.

Thank you for your invaluable help.

If I don't come back with more questions, I will come back with further updates. I fully intend to share as much 'anonymised' information as possible to help others in the same boat. This forum is a life saver. Thank you for your time and support.

[ULA]

Please do not worry timings on make posts. Just so long as if something is time sensitive you allow us enough time to respond back to you as we are not always online.

Glad to be of help as you navigate this process.

Questions or updates are equally welcome.