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Application for better Particulars on the respondents ET3

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  • #46
    Originally posted by ULA View Post
    Being accepted means that it has arrived at the ET it may not have reviewed by a Judge yet, it depends on availability.

    Sorry I keep forgetting you are in Scotland, the periodic reminder from you is helpful when I do not refer across to the differences in the Scottish Tribunals.

    I have had a review of the new Presidential Guidance and it does say that if a party wants to use witness statements they should make an application to the tribunal, also copy the respondent, as early in the proceedings as possible, explaining why they consider that it would be in the interests of justice to grant the order.

    How far away is the next hearing and what type of hearing is it. You may need to consider making the application prior to this.
    So the deadline I provided for Further and Better Particulars, originally 7 days extended by 7 days has now passed.

    So I would send a request to the Tribunal now?

    Also can I keep my questions in where I asked the respondent the following;

    "Does the respondent accept my clarifications on my claims with the Judge on date without objection?"


    Once again thank you for all. Great help.

    Comment


    • #47
      Yes you will need to make an application to the Tribunal ensuring that you copy in the respondent.

      Not sure what you mean by this question ""Does the respondent accept my clarifications on my claims with the Judge on date without objection?" If it is in relation to your post #43 and the application you submitted, presumably to the Tribunal, they you have to wait for them to determine this you cannot get the respondent to agree without a determination from the Judge.
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      Comment


      • #48
        Originally posted by ULA View Post
        Yes you will need to make an application to the Tribunal ensuring that you copy in the respondent.

        Not sure what you mean by this question ""Does the respondent accept my clarifications on my claims with the Judge on date without objection?" If it is in relation to your post #43 and the application you submitted, presumably to the Tribunal, they you have to wait for them to determine this you cannot get the respondent to agree without a determination from the Judge.



        Yes that was in relation to post #43 as those where some questions I posed to the respondent as I received an amended further ET3 from them. But they've not bothered to respond to the request I sent to them privately for FBPs


        I will send the tribunal and copy the respondent in as well asking for an order.


        I did notice they haven't bothered to comply with a Case Management Order either - So I assume that I would make an "Unless order" so they comply with the Judges previous directed case management order in which they haven't complied with?


        Comment


        • #49
          ULA
          Hi,

          I have now received the FBPs as requested. The responses received don't really provide the answers they are more evasive and make general statements such as "This is evidence for final hearing", or "This doesn't form the pleadings so we don't see point in this"

          Some questions are not nearly about the pleadings, they are about allegations they've made. What should my next step be to get better answers which directly answer the questions in a non-evasive way?

          Also, for the orders I submitted they objected to them. Refuse the use of witness statements basically saying the assumption is evidence in chief - which to be fair is wrong. Witness statements can be ordered if interest of Justice. I assume this will be something I need to deal with the Judge?

          Comment


          • #50
            Not seeing the questions you have asked or the response this is not something I can comment on.

            If the respondent has objected to your application for the use of witness statements then it will now be down to the Judge to make a decision based on your respective submissions.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #51
              Originally posted by ULA View Post
              Not seeing the questions you have asked or the response this is not something I can comment on.

              If the respondent has objected to your application for the use of witness statements then it will now be down to the Judge to make a decision based on your respective submissions.
              I have sent a few of the questions I asked and the responses in direct message.

              More than welcome to provide any guidance in the thread just would rather not post them in public for various reasons.


              Thank you

              Comment

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