Respondent applying for postponement of final hearing

[dirtysocks]

My ET hearing is due in 3 weeks. The respondent solicitor emailed me last night to say that the witnesses are now not available and are requesting a postponement.

I have the final bundle and witness statements so they must have known when the hearing was.

what can I do? If I object and say that I believe the witnesses have had sufficient notice as have I, to be available due to holidays as they also have legal rep who would have advised them, apparently they told them the wrong date. Can the Judge say it can go ahead and the witnesses need to be there?

please help

[atticus]

How long ago was the date set?

Before the date was fixed, were you asked to notify the tribunal of any dates to avoid? If so, that gives you a further point you can make.

The judge can refuse the application. It is then up to the other party what they do about their witnesses.

[dirtysocks]

Thank you for responding.

The date was set early February 2024 and then an extension was given was given adding extra days in April.

No we wasn’t asked about dates in advance, the order was just sent out direct in February.

It’s reasonable to believe they knew before now as they have completed their witness statements based on the bundle and the bundle contains the order and date of hearing.

How would somebody go about arguing a case without a witness to question? Is that possible?

[ULA]

The issue is twofold. Not only will the respondent not be able to call them as witnesses if they are unavailable, you will also not have the opportunity to cross examine them either.

[dirtysocks]

Thank you.

If they manage to get a postponement do they have the opportunity to add additional documents?

Also if the Judge does not agree with the postponement request does that mean they don’t need to call their witnesses and I won’t be able to cross examine?

Thank you for your help everyone

[ULA]

There is an ongoing duty of disclosure in respect of documents that are relevant to the claim or defence thereof. If new documents come to light even after the main bundle has been "finalised" they will still need to be disclosed.

If the Judge does not agree to the postponement and their witnesses are not unavailable then obviously they will not be there to be called as witnesses.