Comments on: The tripod http://etclaims.co.uk/2008/10/the-tripod/ tactics & precedents Wed, 28 Jul 2010 10:32:03 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Ross http://etclaims.co.uk/2008/10/the-tripod/comment-page-1/#comment-1370 Ross Mon, 02 Mar 2009 23:37:38 +0000 http://etclaims.co.uk/?p=590#comment-1370 Thanks a lot for that response, which makes things clearer. Thanks a lot for that response, which makes things clearer.

]]> By: Michael http://etclaims.co.uk/2008/10/the-tripod/comment-page-1/#comment-1361 Michael Sun, 22 Feb 2009 10:55:12 +0000 http://etclaims.co.uk/?p=590#comment-1361 The tribunal rules do require that submissions be sent to the tribunal in advance. In practice this rule is routinely ignored and the vast majority of tribunals will accept written submissions handed up at the end of evidence. There is an element of risk in attempting to do this, since it is possible that the tribunal will refuse to take the written submissions. But there is also a risk in sending in written submissions before the evidence is heard. Quite often the evidence will not come out as you hope and it may damage the credibility of your submissions if you spend a good deal of your submissions on a point where the evidence is strongly against you. If you have the opportunity to make submissions on case management issues, such as at a CMD, it may be sensible to request an order that written submissions will come at the close of evidence. However, my view is that the risk is small enough to be ignored in any event. You can always make the same points verbally if absolutely necessary. The tribunal rules do require that submissions be sent to the tribunal in advance. In practice this rule is routinely ignored and the vast majority of tribunals will accept written submissions handed up at the end of evidence.

There is an element of risk in attempting to do this, since it is possible that the tribunal will refuse to take the written submissions. But there is also a risk in sending in written submissions before the evidence is heard. Quite often the evidence will not come out as you hope and it may damage the credibility of your submissions if you spend a good deal of your submissions on a point where the evidence is strongly against you.

If you have the opportunity to make submissions on case management issues, such as at a CMD, it may be sensible to request an order that written submissions will come at the close of evidence. However, my view is that the risk is small enough to be ignored in any event. You can always make the same points verbally if absolutely necessary.

]]> By: Ross http://etclaims.co.uk/2008/10/the-tripod/comment-page-1/#comment-1354 Ross Tue, 17 Feb 2009 00:05:08 +0000 http://etclaims.co.uk/?p=590#comment-1354 I am interested in the last two paragraphs. When you refer to "written submissions", do you mean submissions that are submitted to the tribunal beforehand, at least seven days in advance of the hearing? Are these the ones in which gaps should be left? I am interested in the last two paragraphs. When you refer to “written submissions”, do you mean submissions that are submitted to the tribunal beforehand, at least seven days in advance of the hearing? Are these the ones in which gaps should be left?

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