Seeking Advice for Complex Legal Situation - Anonymity Needed

[ULA]

If you have any further questions then please just come back to this thread. May not have all the answers but we will try and help.

[Electo21]

Me again. Sorry for the trouble. I was wondering what do I do regarding the information that has been disclosed with me from the Respondent? It further supports my claims and nearly everything I was saying but was considered alleged and argued against by the Respondent's representatives before the disclosure happened.

When they shared it with me they said I'm not allowed to use it for any purpose apart from consulting a legal representative on my case, but I'm wondering if I'm allowed to include it as further evidence in support of my arguments during the hearing taking place next week? I think it could help my arguments for certain aspects to the List of Issues to be included, but I'm unsure if I can reference/include it.

I'm still trying to figure out how to logically and correctly explain the need for full disclosure and how they have still not complied, by either completely refusing to, ignoring the request or sending through manipulated evidence...

Is this normal to have this many issues with the other side consistently?

[atticus]

There appears to be a miscommunication. You may of course use disclosed documents for the purposes of the case, including referring to them at hearings.

What you may not do is use them for any purpose outside the case.

[Electo21]

Thank you, Atticus, for explaining this - very helpful.

[Electo21]

Hi, I received an email from the Respondent saying that they are going to raise a non-compliance to the ET since I have not provided my updated list of evidence/disclosure.

They again said that I need to produce all documents in my possession whether I intend to rely on them or not and regardless if they are/are not helpful to my case.

They again refused to provide the disclosure I've requested saying that since they don't find it to be relevant, they will not be providing them, that some of the documents do not exist, or they have already done so (they haven't - this is what I meant about the altered documents that were sent that were either several images layered or only references to my children).

They've finally responded to my Request for Further and Better Particulars that I sent months ago, saying they would not be responding because what I am asking is not appropriate (my main question was about why they continue to bring up my children and why certain statements are being made that aren't true or relevant to the case in relation to my children).

They are saying that I've impeded their ability to prepare witness statements (even though I raised this already in my situation as well - that I can't provide my List of Evidence or Witness Statement without these documents)


There is a hearing coming up in little under a weeks time as I had raised my concerns earlier on to the Tribunal, so it is primarily to agree upon the final List of Issues (we weren't able to do so, they didn't agree with what I had submitted) and to discuss the matter of the general difficulty in getting a response or the documents I've been requesting.

I really don't want to get in trouble with the Tribunal and I'm really stressed and not sure what to do.

Could I trouble you for some advice because I really don't know what more to say that I haven't already.

[ULA]

Have you provided the respondent your updated list of evidence/disclosures? If you have not then you need to.

Regardless of whether or not they are complying with the requirement for ongoing disclosure you need to and in any timescales set out by the Tribunal.

[Electo21]

Yes I had given them a tentative one on the date mentioned on the CMO and highlighted that I was having trouble ensuring it was complete because of the missing documents that I had requested and said I'd be able to confirm once I had a chance to see the documents I'm missing.

[Electo21]

Hi there, me again. We are now trying to finalise the bundle. I'm a little stuck on what I should do here and would appreciate some guidance please.

1. The bundle doesn't include everything that I had asked to include
2. It is not in chronological order and many items have been mislabeled, misdated, and/or split up to appear as separate documents or instances when they aren't
3. They have included a lot of items that I have never seen before (not included in disclosure or during my time working at the organisation)
3a. They have still not provided full disclosure saying I do not have the right to them, such as chat transcripts, however, they have taken excerpts and used them for themselves without allowing me the opportunity to see the chat transcripts

What would be the best next step for me here because I really don't want to make any mistakes.

Thank you

[ULA]

In answer to your questions:

1. Have you asked the respondent why? Have you made it clear to them why they documents need to be included in respect of the claim? If not then you need to set that all out in an email as the first stage.

2. How has the Case Management Order (CMO) requested the information? I have known instances where chronological has meant that emails trails have needed to be split up especially if they are long and over a number of days. Also is the respondent represented and have a solicitor putting the bundle together or are they litigant in person?

3. Production of the bundle is all part of disclosure and there is an ongoing obligation to to include all documents that are relevant regardless of whether or not they harm a party's case.

3a. It will entirely depend on whether the full chat is relevant to the case for either party and whether or not it identifies other employees, third parties or commercially sensitive information.