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Cot 3 voided ??

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Hi agreed a cot 3 with a previous employer only for them to insist on payment from a non party. Matter went to tribunal & i was awarded £5k less than the cot 3 agreement. Can I appeal against the judges ruling on the grounds that a COT3 was agreed to before the tribunal date. I'm thinking along the lines of Alma Construction v Bonner

Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    Hi agreed a cot 3 with a previous employer only for them to insist on payment from a non party. Matter went to tribunal & i was awarded £5k less than the cot 3 agreement. Can I appeal against the judges ruling on the grounds that a COT3 was agreed to before the tribunal date. I'm thinking along the lines of Alma Construction v Bonner


    The judgement in Bonner solely related to the validity of the COT3. Your tribunal hearing appears to have been about the merits of your case against the employer, and not about the validity of the COT3. The tribunal therefore ruled on your case, not on whether a COT3 existed or not. So Bonner is irrelevant to your situation.
  • Hi Sangie595
    Many thanks for your reply do u think I could appeal against the decision ?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Hi Sangie595
    Many thanks for your reply do u think I could appeal against the decision ?


    No, because your tribunal was not considering whether the COT3 was valid or not - that wasn't the case you put before them. You cannot bring a new matter to the appeal. If you wished to enforce a valid COT3, then that is the case that you should have brought. You didn't bring that case. And it is too late now to bring that case. The case you asked the tribunal to determine was based on the circumstances of your claim - you won that and the tribunal made an award based on the case that they heard. That cannot be challenged as "wrong" on the basis that there may have been a higher proposed settlement earlier on.
  • Hi buddy bad news all along I have had legal advise. My solicitor believes the respondent acted in bad faith by agreeing a cot3 & at the last minute wanting a non party to accept liability and pay out. I was advised not to attend the original hearing but an email was sent to the tribunal explaining the cot3. The judge relisted the case & like I said got £5k less than the cot3. I was also !!!!!!ed with some of their costs due to non attendance of the original hearing. My solicitor has agreed to pick up the tab for the costs. Where do I stand with my solicitor ? Should I appeal the ruling ?
  • Flyonthewall
    Flyonthewall Posts: 4,431 Forumite
    Ninth Anniversary 1,000 Posts
    If you've had legal advice then surely they should be the ones telling you whether or not you can appeal, not random people on the Internet.

    I admit that this isn't an area I know much about, but I thought it was always best to attend hearings?

    Sangie595 already answered no to appealing and gave reasons. You still seem to think you've reason to appeal and on here you could get other replies saying yes or no, but in the end this is a forum and while some people give great legal advice, some don't. So I'd suggest going back to your solicitor - they know your case, can give professional legal advice and it's what they're there for.
  • Hi Flyonthe wall

    I understand what sangie595 is saying but am looking into whether my solicitor acted in my best interests
  • Flyonthewall
    Flyonthewall Posts: 4,431 Forumite
    Ninth Anniversary 1,000 Posts
    In that case, I'd say they made a mistake telling you not to go to the original hearing (although I could be wrong). However, they did agree pay the costs. As far as the rest goes I'll leave that for someone else to reply to.
  • dude i was advised through out by solicitor who looking back at the case I feel never acted in my best interests. everything he said wouldnt did go against me. But Thank you for your input
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Hi Flyonthe wall

    I understand what sangie595 is saying but am looking into whether my solicitor acted in my best interests


    That is a completely different argument, and nothing to do with the outcome of the tribunal. You are now alleging that the failings of your solicitor were the cause of your loss. That is something you must resolve with your solicitor, or in the formal complaints procedure against solicitors. Good luck with that though - winning such cases are a lot rarer than winning tribunals. The tribunal did nothing wrong - they heard the case, they made a judgement on the case presented and made a decision on the facts in front of them as to awards and costs. Not their fault if that advice was allegedly wrong.
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