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Stealth Case Management Orders

A common style of order is a Notice of Hearing that, on the second page, has a series of standard case management directions (often to prepare a schedule of loss, disclose documents, agree a bundle and exchange witness statements).

One of the problems I’ve noted with this arrangement is that people tend to overlook the case management orders. They see the big heading ‘Notice of Hearing’ (and the hearing date itself), but don’t read on carefully enough.

There are two lessons here. First, when you get a Notice of Hearing, look for the case management orders. Second it’s a good idea to read everything you get from the tribunal very carefully. Some of it may look routine or unimportant Some of it is. But it’s much better to be safe than sorry.

2 comments

  1. Josh Kemp

    I have a case management order that says we have to exchange witness statements next week, but the hearing isn’t until the end of October. I think the respondent is making up evidence to back up their case. If I give them my witness statement so far in advance, it will give them even more time to make up evidenc to support their case. Is there anything I can do about that or do I need to follow the order? I am also still trying to get an ex-employee to be a witness but they havnt said yes yet. Can I add extra statements before the hearing?

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