In a claim against an organisation - does term "defendant" cover individual employees

[JohnnyBoyUK]

I was in a legal dispute with a University over a discrimination issue.

It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University.

 

In the Order it stated the matter against the Defendant was concluded.

 

I have a couple of queries...

 

1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals.

I am not looking for financial award just a declaration of victimisation.

All documentation and Court papers has the Defendant as this particular University.

 

2) The Defendant was ordered (by consent) to pay damages - but without admission of liability.

Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'.

[Ganymede]

Hi,

 

1) The Defendant would include the university and their servants or agents (I.e. The employees.) You would have a hard time suing the individual employees for the same thing.

 

2) No that's not the same as not guilty. It's just settling the claim on a commercial basis as it's cheaper than fighting it. It's probably the case that they were liable but they didn't want to admit that or fight it.

[JohnnyBoyUK]

Thanks for the reply...I guess the issue is over.

 

I do sometimes have doubts about the settlement.

My heart says I should have continued but my head said to settle - especially as the University was offering a financial settlement.

 

On the Court Order there is a Recital Section in which it is confirmed that the University offered an Agreement 4 days after receiving a Draft Court Claim.

 

The links below, helped make me decide to settle.....

 

Statistics: only 3% of claims go to a Full Hearing

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/382592/civil-justice-statistics-quarterly-july-to-sept-2014.pdf

 

Requirement to settle out of court

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

 

Discrimination cases

http://piperhoffman.com/2010/08/09/the-top-ten-myths-and-facts-about-suing-your-employer-for-discrimination/

[legalistic]

Johnnyboy it seems to me you don't realize how lucky you are to have received such a settlement without a fight.I wouldn't even think of reopening the issues. Your claim would very likely be struck out as an abuse of process.

[Ganymede]

Yes it is over.

 

You won so time to put it behind you are and move on.

[JohnnyBoyUK]

Yes, I guess I am lucky to have received a settlement. And yes, it is time to move on