Breach of case management order relating to disability.

[Tripadocia]

Hi,

At my last PMH the judge set out in case management orders that by a certain date the Respondent should notify me and the court in regards to their position concerning my stated disabilities. The respondent hasn't done so and I have asked them twice and they have just ignored me. My next PH is a month away and im trying to understand two things:

a) Is this a serious breach of a case management order? and do I have to apply for an Order to make them comply? or should I just leave it?
b) How should I cover disability in the witness statement if ive already submitted a disability impact statement?

[ULA]

In answer to your questions:

1. It is a breach of the CMO. What was the date that the respondent should have provided this by?
Two courses of action a) apply for an Order on the basis the respondent has not complied with the CMO, however depending on which Tribunal is dealing with your case, you may not get a response before your next PHR b) if they have still not complied or they do provide it in the meantime time, albeit late, raise this at the PHR.

2. A disability impact statement is a written account that explains how your disability affects your ability to carry out normal day-to-day activities. It helps prove that your disability has a substantial and long-term adverse effect on your daily activities Your witness statement is a chronological account that sets out your account of events relevant to the claim/s that you are making. It will be your formal evidence, and it plays a key part in how the tribunal understands your version of what happened, that has led you to make the claims/s you are making.

[Tripadocia]

Hi, The relevant date is the 27th May 25 with a notification to be given to the court one week later. My particular court is very slow - I did ask the court whether they received notification and they replied no but then told me off for not copying in the respondent. They then sent the respondent my email clarifying whether the court had been notified in regards to my disability status.

[Tripadocia]

I'm due to exchange witness statements on the 01 August 25 and the Respondent doesn't want to exchange because there has been a large amount of disclosure and the bundle is very big. They want to hold off for a week and at the next PH ask the judge to impose a retrospective word count in the interests and overriding objective.

I will be ready to exchange but I'm worried if I don't I might breach the case management order.

What is best practice in this scenario?

Also i think my witness statement might come to 12000 words will that be a problem

[ULA]

Just a general note to say that any correspondence you send to the ET must also be sent to the respondent and they must to likewise. It is a rule of proceedings.


Post #3

As I have set out you have the two options to consider in respect of the missed CMO timescales given to the respondent to provide the required information. Or you could do both i.e. make the application then at least that is lodged with the ET (make sure you copy in the respondent) and either it will be dealt with before the hearing, at the hearing because the Judge has seen the application, or you may have to raise it at the hearing.

Post #4
You have said in your post # 1 that you have a PHR next month which is Aug. I assume that the witness statement exchange is in relation to the final hearing - when is this listed for?

[Tripadocia]

Hi

I believe the PH that will take place on the 11th August 25 at this hearing we were due to confirm details of the final hearing date

[Tripadocia]

i was supposed to get the final hearing bundle today and they haven't sent that either. They asked my permission to extend the deadline for this today but no show.

[ULA]

When is the final hearing set for? Can you anonymise the CMO and post them up please for me to review.

[Tripadocia]

Hi, the matter the now been resolved i thank you for your help

[ULA]

That is good to hear.

If there are any further issues as you progress then please just come back to this thread.