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Update on £700K to Crush a Junior Doctor - Don't Let Them Get Away With It

Dear Supporter,

I have been overwhelmed by all the messages of support and encouragement to continue from our backers on Crowdjustice. 

My lawyers and I have decided to try an application under CPR 53.30 to re-open the appeal.

It appears to be the case that the signed and sealed Order granting me leave to appeal my settlement agreement can be explained away as a clerical error by a civil servant. Moreover it can be replaced by an unsigned and unsealed order refusing permission to appeal with no apology or adequate explanation. The Court has not responded to two emails requesting a signed and sealed second order. My confidence in the justice system has reached a new low.

Had it not been for your messages of support I would have given up and would have finally let the establishment prevent this case being heard.

The thrust of our new application is included in the first two paragraphs or our submissions which are below. If you would like to support this application please click here.

"Under CPR 52.30 the Applicant seeks to reopen the determination of Simler LJ dated 7 April 2020 that permission to appeal be refused. The application is made on the basis that: (1) it is necessary to reopen the appeal to avoid a real injustice; (2) the circumstances are exceptional and make it appropriate to reopen the appeal; and (3) there is no alternative effective remedy.

The basis for the application is set out in this Application Notice. The core issue is that the ET and the EAT has failed properly to engage with the question of misrepresentation and mistake. The ET’s reconsideration decision was strikingly short, and the EAT’s judgment impermissibly sought to rectify the ET’s failings. Simler LJ’s refusal of permission to appeal (which followed an initial grant of permission) fails to address the Applicant’s Grounds of Appeal and does not adequately address the factual background.

The underlying issue is that the Applicant seeks to set aside a Settlement Agreement dated 15 October 2018 and a consequential judgment sent to the parties on 28 November 2018 on the basis that the Applicant was operating either under a mistake or pursuant to a misrepresentation. The mistake and/or misrepresentation is that the Applicant was told on numerous occasions that the Respondents were intending to pursue him for costs if he proceeded to cross-examine their witnesses and then ultimately was unsuccessful in his claim and that was the basis for his entry into the settlement agreement and withdrawal of his claim. The Respondents now say that no costs threats were made during and after his cross-examination or during negotiations on the terms of the settlement agreement.”

I will keep you updated on the Court’s response. I continue to work in A&E as a locum doctor. I wish all my supporters safety and health during this difficult time.

Best wishes,

Dr Chris Day

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