Court deposit order and refund

[ElfineN]

Good day from a layman.

After my preliminary hearing for the Employment Tribunal in England, the judge ordered that I paid a deposit of the maximum amount, which I paid. The Respondent’s solicitors sent me letter advising me to withdraw my claim by next week or that they would use the deposit order against me and demand that I paid their Client’s legal fees.

If I withdrew my claim, would I be eligible to get my deposit back?

Thank you in advance, Beagles!

[ULA]

Hi ElfineN my knowledge on deposit order is that if the parties reach a settlement after a deposit has been paid into the tribunal, the deposit should be refunded to the paying party in accordance with rule 39 (5)(a). Although the refund of the deposit ought to be automatic, I would always suggest that the settlement agreement or COT3 sets out confirmation that the other party consents to the return of the deposit to the paying party.

However I am really not sure what happens if you decide to withdraw you claim where no settlement is reached via a COT3. This maybe one a call to ACAS may give an answer.