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How does one reopen ET case years after decision?

Employment and Discrimination Law

How does one reopen ET case years after decision?

Postby Mac&Me » Sat Jul 15, 2017 1:19 pm

Recently the ICO forced a Judge's handwritten notes to be released under the Data Protection Act. The person who wanted the notes intends to use them to reopen an ET case he lost in 2013. The time limit to appeal the ET decision has long gone so how could he possibly have the case reopened after so long? If he managed to get the case reopened, and managed to use the notes to show the decision was not consistent with the evidence, isn't he still out of time to have the decision overturned?

Here's the news article
https://www.theguardian.com/law/2017/jul/07/judge-handwritten-notes-released-uk-data-laws-first-time
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Re: How does one reopen ET case years after decision?

Postby Hairyloon » Sat Jul 15, 2017 2:05 pm

He has not yet re-opened the case. I will be very surprised if he succeeds to do so.
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Re: How does one reopen ET case years after decision?

Postby atticus » Sat Jul 15, 2017 2:37 pm

As to the question, how is the case reopened, this person will need to mount an extremely powerful case to obtain permission to appeal. Presumably he believes that the judge's notes will assist.
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Re: How does one reopen ET case years after decision?

Postby dls » Sat Jul 15, 2017 5:42 pm

I think it wise to await the notes.

There might also be an issue about the notes taken or not taken by the parties.
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Re: How does one reopen ET case years after decision?

Postby Hairyloon » Sat Jul 15, 2017 9:15 pm

How long do they usually keep these notes on file for?
Are we likely to see a flood of similar requests, and if so are they likely to be successful or was there something special about this case?
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Re: How does one reopen ET case years after decision?

Postby Mac&Me » Fri Jul 21, 2017 8:34 am

atticus wrote:this person will need to mount an extremely powerful case to obtain permission to appeal. Presumably he believes that the judge's notes will assist.

His argument for waiting so long would be the time it took for evidence (the notes) to be released. And his argument to appeal would be inconsistency between the notes and the judgement (if there is any). Those may or may not be powerful enough. Having given this some more thought I am now left with conflicting views; one view is that if the notes are inconsistent with the evidence then he should be allowed to appeal the judgement. My other view is, he should have appealed at the time and allowed an appeal court to determine if the notes were inconsistent and to what extent it affected the judgement. I am falling more in line with the latter view.
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Re: How does one reopen ET case years after decision?

Postby atticus » Fri Jul 21, 2017 8:52 am

The inconsistency of the notes would have to be very material.
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Re: How does one reopen ET case years after decision?

Postby dls » Fri Jul 21, 2017 12:22 pm

A party to a hearing has a duty to keep his own notes of the hearing. His own notes will demonstrate within ten minutes if the decision is inconsistent with the evidence.
If a party does not make or keep his notes, an appeal court cannot sensibly provide an extraordinary remedy for that failure.
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