ULA Hey. So I got there Agenda fully. However they have made a "demand" for better particulars for a s.15 of the EqA. Stating tbe "something" was not provided.
After taking case law, and guidance across the Internet, they are wrong I have specifically detailed the "something" albeit without the word "something". They have enough information to know the basis of the claim (ie; the grievances where very strong and cited case law to support my position)
So my question is how can I resist an application for Better Particulars seem like an abuse of process designed to mitigate this specific claim which is the strongest based on evidence.
I planned on saying something along the lines of below, as this would apply to Scottish ETs if I am not incorrect? Sorry if reads wrong but I wrote it out as if I am talking in the 3rd person....
"
Madam,
In resisting the application for better particulars, it is pertinent to highlight the critical guidance provided in the case of Liverpool NHS-v-Poullis [2022] EAT 9 (HHJ Taylor), which underscores the importance of collaboration between parties and the tribunal in accordance with the overriding objective. This guidance emphasizes the necessity of focusing on the core issues from the outset and avoiding excessive interlocutory complications that do not advance the fair and efficient resolution of the case.
Drawing from this guidance, it is apparent that the request for further and better particulars in the present case risks leading us away from the overriding objective by potentially expanding the case beyond its core issues. The detailed submission under point (2) clearly identifies the "something" arising as a consequence of the disability, in line with Section 15 of the Equality Act 2010, and demonstrates a direct link between the claimant's disability and the unfavourable treatment experienced during the "certain" process."
Any guidance would be appreciated on how to resist this? They basically haven't made an order they have just "requested" it to happen, and I don't feel it necessary as they have more than enough infotmation.
After taking case law, and guidance across the Internet, they are wrong I have specifically detailed the "something" albeit without the word "something". They have enough information to know the basis of the claim (ie; the grievances where very strong and cited case law to support my position)
So my question is how can I resist an application for Better Particulars seem like an abuse of process designed to mitigate this specific claim which is the strongest based on evidence.
I planned on saying something along the lines of below, as this would apply to Scottish ETs if I am not incorrect? Sorry if reads wrong but I wrote it out as if I am talking in the 3rd person....
"
Madam,
In resisting the application for better particulars, it is pertinent to highlight the critical guidance provided in the case of Liverpool NHS-v-Poullis [2022] EAT 9 (HHJ Taylor), which underscores the importance of collaboration between parties and the tribunal in accordance with the overriding objective. This guidance emphasizes the necessity of focusing on the core issues from the outset and avoiding excessive interlocutory complications that do not advance the fair and efficient resolution of the case.
Drawing from this guidance, it is apparent that the request for further and better particulars in the present case risks leading us away from the overriding objective by potentially expanding the case beyond its core issues. The detailed submission under point (2) clearly identifies the "something" arising as a consequence of the disability, in line with Section 15 of the Equality Act 2010, and demonstrates a direct link between the claimant's disability and the unfavourable treatment experienced during the "certain" process."
Any guidance would be appreciated on how to resist this? They basically haven't made an order they have just "requested" it to happen, and I don't feel it necessary as they have more than enough infotmation.
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