Do you think representing yourself is a good idea? Have you had guidance from a solicitor to at least make the argument you are going to propose? I ask as I've recently been to small claims court and took legal advice in the form of a letter to the other party highlighting what the sitaution was and there was quite a bit in there I hadn't considered. They didn't take legal advice and I absolutely destroyed them in the hearing using the evidence from my solicitor. I had all the legal terms, reference to legislation etc where they just mumbled on about T&C's and not fair.
Not sure if tribunals are different but in a legal environment the letter of the law is king. Unfair doesn't cut it normally. I actually lost my claim on a single sentence in their T&C's which went against all the evidence I put but it was there and the judge picked on that wording alone irrespective of fair, dodgy practices by the other party and complete lack of a clue what they were doing. Very frustrating but that's how the law goes.
If you go in there without quoting all the legislation and just complain it's not fair the other party is gonna rip you a new one and you won't be able to respond in kind.. that is, unless a tribunal is vastly different from a small claims.
This bit for example. If they state it's out of time and quote a legislation which is black and white then 'simply unfair' just won't cut the mustard. Also what you think is reasonably practible often doesn't matter when the other party is quoting the letter of the law so you have to respond with similar. Court's just don't do 'unfair' unless you go up the chain that spend more time on the scenario rather than a quick fix and away you go.
When you say 'you think' are you both not required to send the other party all your documentation and evidence so you can prepare arguments? You do in a small claims.
Do you know the legislation and basis for your arguments to counter theirs or has a solicitor outlined your situation in detail to fight it?
After just been through a legal process I just can't help thinking looking at your last post that you aren't prepared and might be in for a surprise. Obviously I don't know all the documentation and reseach you've done but from what you've put I feel I have to ask.
Not sure if tribunals are different but in a legal environment the letter of the law is king. Unfair doesn't cut it normally. I actually lost my claim on a single sentence in their T&C's which went against all the evidence I put but it was there and the judge picked on that wording alone irrespective of fair, dodgy practices by the other party and complete lack of a clue what they were doing. Very frustrating but that's how the law goes.
If you go in there without quoting all the legislation and just complain it's not fair the other party is gonna rip you a new one and you won't be able to respond in kind.. that is, unless a tribunal is vastly different from a small claims.
Gowlings are also (I think) arguing that the claim is "out of time" even if it was Unlawful Deduction from Wages. I think that this is inequitable (simply unfair) as I made the claim as soon as I was aware of the issue. I consider that it was not "reasonably practicable" for me to bring my claim within the three months usually required, meaning that my claim can still be heard despite it being outside the three-month period.
When you say 'you think' are you both not required to send the other party all your documentation and evidence so you can prepare arguments? You do in a small claims.
Do you know the legislation and basis for your arguments to counter theirs or has a solicitor outlined your situation in detail to fight it?
After just been through a legal process I just can't help thinking looking at your last post that you aren't prepared and might be in for a surprise. Obviously I don't know all the documentation and reseach you've done but from what you've put I feel I have to ask.
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