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Disclosure of documents - case management hearing

Employment and Discrimination Law

Disclosure of documents - case management hearing

Postby Millbrook2 » Fri Oct 27, 2017 2:54 pm

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.
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Re: Disclosure of documents - case management hearing

Postby dls » Fri Oct 27, 2017 2:57 pm

The purpose of disclosure it to obtain information contained in documents.

If your client sent them, she does not need them disclosing sine she presumably has copies.
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Re: Disclosure of documents - case management hearing

Postby Millbrook2 » Fri Oct 27, 2017 3:08 pm

dls wrote:The purpose of disclosure it to obtain information contained in documents.

If your client sent them, she does not need them disclosing sine she presumably has copies.


True but she does not know exactly which documents they have - only the odd sentence has been quoted. Clearly the purpose is to find out what they know - is there a way around this?

What about the issue of her private email account being hacked - we don't think this happened but we don't know who gave them.
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Re: Disclosure of documents - case management hearing

Postby atticus » Fri Oct 27, 2017 3:33 pm

The order will be for disclosure of documents in a party's possession.

If, after disclosure has been given, you consider there are shortcomings in it, you may apply for specific disclosure.

But there is no reason not to set out a list of things that you expect the disclosure to include.
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Re: Disclosure of documents - case management hearing

Postby dls » Fri Oct 27, 2017 4:56 pm

Try not to play games (which they do appear to be doing)

She hasto provide disclosure also. She cannot proceed on the basis that if they do disclose the emails and the emails do not include materials she wants to keep out, that she may not, herself, liable to make full disclosure of the rest.

Double check that the correspondence was in fact without prejudice. Marking it is such is not enough on its own.
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