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  • FIRST POST
    • bonnielass18
    • By bonnielass18 9th Apr 18, 9:07 PM
    • 34Posts
    • 7Thanks
    bonnielass18
    I won my tribunal by default judgement
    • #1
    • 9th Apr 18, 9:07 PM
    I won my tribunal by default judgement 9th Apr 18 at 9:07 PM
    I found out that Iíve won my ET case as my employer didnít respond to the court papers. The judge decided to rule in my favour and uphold my claim.

    I know my old employer can apply to have the judgment set aside but under what circumstances is this allowed?

    I donít understand why they just wouldnít respond. Itís been a very weird process from start to finish.... would they ever be advised to not respond to the court? Even if they didnít have a defence?
Page 1
    • nicechap
    • By nicechap 9th Apr 18, 9:27 PM
    • 1,043 Posts
    • 2,270 Thanks
    nicechap
    • #2
    • 9th Apr 18, 9:27 PM
    • #2
    • 9th Apr 18, 9:27 PM
    Duplicate post here:

    http://forums.moneysavingexpert.com/showthread.php?t=5815834&page=4
    Quote was right and saw into the future.
    • bonnielass18
    • By bonnielass18 9th Apr 18, 9:30 PM
    • 34 Posts
    • 7 Thanks
    bonnielass18
    • #3
    • 9th Apr 18, 9:30 PM
    • #3
    • 9th Apr 18, 9:30 PM
    It!!!8217;s nit really a duplication... it!!!8217;s more of a follow on
    • steampowered
    • By steampowered 9th Apr 18, 11:00 PM
    • 2,411 Posts
    • 2,333 Thanks
    steampowered
    • #4
    • 9th Apr 18, 11:00 PM
    • #4
    • 9th Apr 18, 11:00 PM
    No, they would never be advised not to respond to court.

    Either they didn't receive the papers, or they received them but failed to respond for whatever reason (e.g. the person who received the papers didn't bother to deal with them appropriately). It isn't uncommon for companies to ignore claims and end up with default judgments.

    The key criteria for getting a set aside are applying for the set aside promptly as soon as the company finds out about the court process (usually means within 2 months) and the company having an arguable defence.
    • bonnielass18
    • By bonnielass18 11th Apr 18, 2:29 PM
    • 34 Posts
    • 7 Thanks
    bonnielass18
    • #5
    • 11th Apr 18, 2:29 PM
    • #5
    • 11th Apr 18, 2:29 PM
    We had notification yesterday afternoon that they're asking for it to be reconsidered. They haven't submitted their defence yet but have asked for a copy of the claim and they will respond. Not unexpected I guess.
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