Being asked out by the respondent

Respondents can display all sorts of undesirable behaviour during a case. One of the more difficult to handle is an attempt to make a romantic approach to a representative. This is behaviour usually, although not always, restricted to litigants in person. It is also usually, but not always a male litigant addressing a female representative.

This will always be inappropriate and, often, upsetting for the representative. The sensible course is to tell the respondent, preferably in writing, that the behaviour is inappropriate and must cease. It should also be pointed out that harassment of a representative is unreasonable conduct of the litigation and may lead to costs against the respondent, or even their response being struck out, if it is brought to the attention of the tribunal. The tribunal is particularly likely to take firm action is the behaviour continues after an approach was firmly rebuffed.

If a pass is made by a solicitor or barrister you should consider reporting them to their professional body.

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