I'm sorry to have to report that I have withdrawn my Appeal.
We were due for a preliminary hearing yesterday (tuesday) to sort out some administrative details and on monday the Equality & Human Rights Commission advised me that, on thorough assessment of all the evidence, they concluded that our chances of success at Appeal were worse that 30%. That being the case they wished to withdraw to avoid further costs to either side.
I had to decide whether or not to continue alone at very short notice. There are two major considerations in reaching the conclusion I have. First, if I fail at Appeal I create a legal precedent making it very difficult for anyone else to bring a successful action after me; as it is the ET's judgement sets no such precedent. Second, by continuing in the knowledge that I had little chance of success the CAA could have made a good case for seeking costs from me. I would estimate those to be tens of thousands of pounds. Much as I'd like to sacrifice my home and what few assets I have I can't do it on a 3 to one shot. I made a condition of my withdrawal that no order for costs to date would be sought.
It goes without saying that I am deeply disappointed with this turn of events. I had thought the EHRC were fully appraised of the situation when they took me on but, of course, it took weeks for their barrister to fully brief himself and he did not finish doing so until the weekend just gone.
On the bright side I would have continued as a litigant in person oblivious of the implications of failure for future litigants so perhaps it's for the best.
Thanks to all of you who have given moral and especially financial support. Whirlygig has a full set of accounts if anyone wants to see where all your money went.
Finally I hope one of you out there will pick up the baton I've dropped and run with it. I made loads of mistakes in representing myself and it's clear to me that my cause is just even if my execution was crap. Please talk to me if you are the one to take this on, I have a wealth of advice from my own mistakes.
Once again, sorry.
Ian