As a respondent if a claimants representative is making a personal injury claim against me could this be considered a conflict of interests? After dismissing an employee this woman acted as a companion at appeal, claiming to be a Union official. She resisted showing her accreditation saying we were frustrating the data protection act in asking but finally produced certificates and a Unison card. The respresentative who is clearly no stranger to suing people is also threatening to sue myself and her former employers becuase I have made a complaint about her recording phone conversations and meetings without my knowledge or consent and for her threatening behaviour and use of scare tactics. Her employers agreed and she no longer works for them. However, in her latest letter threatening to sue me for defamation of character by producing "privelged" documents at the hearing she has said her union will sue me but on contacting them they have no knowledge of this even though she claims to have a response from their solicitors. The union say as I own a coffee shop she could not have acted as a union official in this sector and would have had to inform me she was acting as a lay official, which she didn't. She was also advising the employee as an employment law specialist for the Citizens Advice Bureau. She had a fall on leaving the shop after the appeal in which she told the paramedics she had been suffering from a bad leg all day and it gave way but later put in a claim to say she had tripped leaving the premises which our insurance is dealing with. Along with a threatening letter she has now advised us she has agreed to represent the employee at trial. This woman is out of control and has lied constantly. Could I write to the judge prior to the hearing to ask that he review her involvement? Should I use conflict of interest only or should I send her threatening letter along with the response from her union also? She is trying to get us to leave out vital evidence by threatening legal action and she addressed this to me personally rather than the company? Please help?! What do I write to the judge?
Thank you laughter for your answer. Would I have a reason to ask for a motion to dismiss her as a represetnative? I am unsure how I need to word it in order to ask that her ivolvement be reviewed? Would I just ask that the case in general be reviewed? Thank you for your help.
Also, we have evidence that the claimant is being untrue on her schedule of loss, apart from the fact we offered to discuss giving her job back and she refused and there need not have been a loss, she is unwilling to voluntarily provide any evidence of mitigating her loss, her representative claims it's an invasion of privacy! However, we know she can't provide evidence because it will show she hasn't told the truth. Can I write to the tribunal to ask them to order her to provide evidence? I can't even make an offer as her rep has told ACAS she isn't willing to accept less than the schedule of loss at this time! The hearing is less than a month away.
Answer by laughter_every_day
You don't. Judges don't read letters from litigants. If she files a suit, you can file your answer and you can make a motion to dismiss or for summary judgment or whatever else you want, file it with the court and send a copy to the plaintiff. You cannot communicate with a court via a letter and you cannot communicate with the court without giving a copy to the other side of a lawsuit. When judges receive such letters, they do not read or consider them.
Know better? Leave your own answer in the comments!
Orignal From: How to word a letter to a judge to make a request?
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