Reply To: Legal professional privilege

Kevin D

In order….

1) don’t know

2) to 5):

I can see no reason why you cannot ask for further information – although you may not get a response. If no response, simply put the letter in the bundle and, in the submission, state that you will be putting the same questions to the clmt at Tribunal. That way, the clmt is on notice and cannot rely on Article 6 (fair hearing etc) to argue he wasn’t informed of the issue(s).

If the clmt refuses to answer at Tribunal, invite the Chair to draw inferences. If the clmt is absent, ask the Chair to draw inferences from the clmt’s failure to respond to your letter.

In my view, the evidence can still be included with your bundle, but I’d agree that the submission should clearly state how it was obtained. The Chair then has the option of deciding whether the evidence can be considered. It’s worth bearing in mind that the means by which evidence is obtained makes little difference to whether it can be admitted to a Tribunal. Personally though, I’d stop short of thumb-screws….. (er, Article 3 of the HRA)….

So long as your requests are reasonable, and they are all in the context of establishing the clmt’s correct HB/CTB, it will be hard for a Chair to (reasonably) criticise.

Hope the above helps.