Have got a case management hearing on Monday. We know that the respondent has got some emails from the claimant which were sent from her private (not work) account. We know this because they quoted from them in a without prejudice correspondence.
They got them after submission and response went in so well after the disciplinary process.
We are asking for a general disclosure of documents and naming some specific documents we want.
If we include these in the disclosure request telling the judge they are from her private account are we likely to get them even if they are not going to be used in the case (I think they will use them in a Polkey deduction if they lose).
Also can we request details of when and from whom they got them.