Please carefully read Rule 37, 39 and 76 if you’re going to advise people. Rule 39 deposit order is given if there’s LITTLE REASONABLE prospect of success. The judge is looking at their assessment of the prospects based on all the factors. The claimant’s knowledge or thoughts about their own case is irrelevant. Reasons are given by the judge if a deposit order is made. If the claim goes on to fail for substantially the same reasons, then it is assumed by the rules that the party has acted unreasonably for the purposes of costs. This means that step one for the employer to award costs is already met. The claimant should know their claim is weak and unreasonably chose to continue because the judge said so when the deposit order was made. The ‘no reasonable’ prospects test for strike out (R37) or costs (R76) has nothing to do with taking the piss or not believing in the case. It’s an objective test and someone can be asked to pay costs even when they think they’re right but actually their claim has no reasonable prospect. AO = anonymity order made under Rule 50. RRO= restricted reporting order. I know you aren’t a lawyer but if you’re giving such unequivocal advice (and in some cases taking money to do it), you should at least be familiar with the basic rules and common occurrences in Tribunal?
so funny, please break down this funny bit after an hour, it makes me laugh and you made my day, by bringing in honesty and disability is so wonderful! please wear the T-shirt and be proud and put up an adhd label on video
Hi, thanks very much for your videos. I have some cases in the tribunal, could you please help me with this. 1- Disability Discrimination and harassment. (Injury feelings.)(My third Preliminary hearing, I already had 2.) 2- Accident at work, I have to file the direction questionnaire form N181. Thank you
My employer tried to get it thrown out when my original et1 was for parent company I resubmitted with correct information judge just amended with correct details
i have been on unemployment. My employer fired me on july 27th and he said I quit. I have been to in 2 tribunals. My employer has not shown up for the hearings.
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Please carefully read Rule 37, 39 and 76 if you’re going to advise people.
Rule 39 deposit order is given if there’s LITTLE REASONABLE prospect of success. The judge is looking at their assessment of the prospects based on all the factors. The claimant’s knowledge or thoughts about their own case is irrelevant.
Reasons are given by the judge if a deposit order is made. If the claim goes on to fail for substantially the same reasons, then it is assumed by the rules that the party has acted unreasonably for the purposes of costs.
This means that step one for the employer to award costs is already met. The claimant should know their claim is weak and unreasonably chose to continue because the judge said so when the deposit order was made.
The ‘no reasonable’ prospects test for strike out (R37) or costs (R76) has nothing to do with taking the piss or not believing in the case. It’s an objective test and someone can be asked to pay costs even when they think they’re right but actually their claim has no reasonable prospect.
AO = anonymity order made under Rule 50.
RRO= restricted reporting order.
I know you aren’t a lawyer but if you’re giving such unequivocal advice (and in some cases taking money to do it), you should at least be familiar with the basic rules and common occurrences in Tribunal?
so funny, please break down this funny bit after an hour, it makes me laugh and you made my day, by bringing in honesty and disability is so wonderful! please wear the T-shirt and be proud and put up an adhd label on video
Hi, thanks very much for your videos. I have some cases in the tribunal, could you please help me with this.
1- Disability Discrimination and harassment. (Injury feelings.)(My third Preliminary hearing, I already had 2.)
2- Accident at work, I have to file the direction questionnaire form N181.
Thank you
My employer tried to get it thrown out when my original et1 was for parent company I resubmitted with correct information judge just amended with correct details
Hi, need help to enter the amount on the scheduled cost of lifting ACAS fees?
i have been on unemployment. My employer fired me on july 27th and he said I quit. I have been to in 2 tribunals. My employer has not shown up for the hearings.
If your employer hasn't been at all active in the process, ask your Judge to make a Rule 21 Judgement in your favour!