List of issues

One of the things that will normally be tackled at a case management discussion is a list of issues. We’ve written about these before – the short point of this post is just that it is very important to make sure everything you’re going to want the ET to decide makes an appearance on the list of issues.

So when you get the order from the tribunal after the case management discussion, look at the list of issues it sets out and check it carefully against your claim. Is there anything you put in your ET1 that isn’t reflected there? If so, is that because you’ve decided since that you’re not going to pursue it? If the answer to the first is ‘yes,’ and the answer to the second is ‘no,’ you need to write to the tribunal straight away (with a copy to the other side) to point out that the list of issues isn’t complete.

The same goes even if the tribunal had adopted a list of issues that you had provided or agreed with the other side. If you left something off it by mistake, you will probably be able to put that right as long as you do it promptly. The closer to the hearing – and the more the new issue adds to the complexity of the case and the amount of evidence you and the other side will have to present – the less keen the tribunal will be to let you add issues to the list.

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