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Respondent` solicitor failed to meet disclosure deadline

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  • Respondent` solicitor failed to meet disclosure deadline

    I am currently in the documents exchange / disclosure phase on my automatic unfair dismissal case. Respondent`s solicitors failed to send me their disclosure while I have sent mine before the deadline specified by the Tribunal. The day before the deadline, they have sent an email to Tribunal to request a delay for the deadline even though they knew they would not receive a reply or an extension so last minute.
    Now, they have all my documents but I dont have any of theirs and it is Easter break until the 7th of April. Are there no consequences for failing to meet the Tribunal deadline ?
    I am quite peed off to be honest and looking to see what my next move should be against the injustice. Any input would be much appreciated.
    Tags: None

  • #2
    When is your hearing date?


    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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    • #3
      Also: What reasons did they give for needing more time? How long an extension did they request?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        My hearing dates are 3-4 June.
        They applied for the extension apparently because the decision to accept the additional information I have supplied to the Tribunal to strengthen my case appears to be outstanding for them as they have objected to it and asked for a preliminary hearing 5 days after. The Tribunal sent both parties an email to say the hearing dates will remain the same as previously listed 2 days after their objection. Even as a litigant in person I understood this as a response to Respondent`s objection and request for a preliminary hearing and I have carried on compiling my disclosure to meet the deadline. None of us received any other orders from the Tribunal after this . So I have sent them all my disclosure on the 1st of April days before the deadline. The Respondent`s solicitor though, just one day before the deadline and the Easter holidays emailed the Tribunal asking for extension of the deadline with no mention of them already receiving my disclosure at all !!
        I was always under the impression solicitors have some code of practice. Is this normal for them to disregard a deadline like this ? Are there no consequences for them ?

        Comment


        • #5
          Originally posted by ULA View Post
          When is your hearing date?
          Deadline was 3 April , requested extension is 8th May.

          Comment


          • #6
            Typically parties can agree a 14 day extension to a Case Management Orders (CMO) deadline without notification to the ET so long as it does not affect the deadline date for information to be provide to the ET.

            Extensions longer than 14 days need to have an application made to the ET which is what they have done. Which is what they have done in this case, however it is getting close to your final hearing date.

            What are the deadlines for:

            1. Bundle to be exchanged
            2. Witness statement exchange


            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            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


            • #7
              Originally posted by ULA View Post
              Typically parties can agree a 14 day extension to a Case Management Orders (CMO) deadline without notification to the ET so long as it does not affect the deadline date for information to be provide to the ET.

              Extensions longer than 14 days need to have an application made to the ET which is what they have done. Which is what they have done in this case, however it is getting close to your final hearing date.

              What are the deadlines for:

              1. Bundle to be exchanged
              2. Witness statement exchange
              Thanks for your reply

              1. Bundle to be exchanged 17/04 (I presume this is the date to decide what documents go into the bundle as described by CMO )
              2. Witness statement exchange 01/05

              They were aware of this situation for over 3 weeks, they could have applied for an extension way before .
              Is it not dishonest to leave it last minute and breach the deadline already dictated by the Tribunal ?

              I am trying to understand what will happen now ?

              Comment

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