N157 Notice of Allocation - question on wording in Judge's directions.

[i10k]

Hello everybody.

This is my first post here, and may I begin by thanking everybody for contributing to such a wonderful online resource - as a lurker on these forums for a short while, I have enjoyed reading various threads of discussion and have learned quite a lot from others' shared experiences.

I wonder if somebody could advise me on the meaning of some wording in an official court document (N157), Notice of Allocation to the Small Claims Track (Hearing), which I have just received?

Some background: I am the claimant, and a Litigant in Person. I am bringing a claim against a company for monies owed, after being unlawfully removed from my online account with them following the conclusion of a contract. In my particulars of claim I argue that the Defendant's subsequent justification for doing so - as put forward in their T&C - is unlawful and breaches s.62 Consumer Rights Act 2015, being significantly imbalanced in the favour of the service provider, to the detriment of the consumer. I also refer to a couple of other pieces of legislation which I believe the defendant to be in breach of as a consequence.

The directions from Deputy District Judge in the Notice of Allocation are as follows:

1. Witness Statements to be filed and served by XX May 2018 and to include any copy documents to which it is intended to refer at trial;

2. Both parties to file and serve a written outline of any submissions of laws that they wish to make, no later than 14 days before trial.

I am content in my understanding of the first direction, and have no discomfort in preparing a witness statement. My questions are around the second statement. I assume that because I called out particular legislation in my particulars of claim, that the Judge wishes me to expand upon these points of law, and state why I believe the defendant is in breach, so:

1. Am I correct in my interpretation, or not? If not, please could somebody educate me, or point me in the right direction?
2. In what form should I prepare the submissions to satisfy the court? Can anyone provide, or point me towards, an example or template that I can review and understand ahead of preparing my submissions?

Many thanks in advance, and please do ask any relevant questions in the thread.

[i10k]

Any thoughts or guidance appreciated here guys.

Thanks in advance!

[Amethyst]

I think your interpretation is correct

2. Both parties to file and serve a written outline of any submissions of laws that they wish to make, no later than 14 days before trial.

I assume that because I called out particular legislation in my particulars of claim, that the Judge wishes me to expand upon these points of law, and state why I believe the defendant is in breach

Soooo.... if the arguments are complex he will need to read the relevant legislation, case law, and check your interpretation of it. I'd do it in a similar format to the Witness Statement / Skeleton Argument and exhibit the relevant legilstaion/judgments with the corresponding sections highlighted and referred to in the statement.
It might help to know what laws you are referring to to see why it might be particularly complex that a submission particularly focussed on the law is required.

Are you small claims or fast/multi track ? ( okay small claims as its the N157 - so you will have some leaway being a LIP )

[Amethyst]

I am bringing a claim against a company for monies owed, after being unlawfully removed from my online account with them following the conclusion of a contract. In my particulars of claim I argue that the Defendant's subsequent justification for doing so - as put forward in their T&C - is unlawful and breaches s.62 Consumer Rights Act 2015, being significantly imbalanced in the favour of the service provider, to the detriment of the consumer. I also refer to a couple of other pieces of legislation which I believe the defendant to be in breach of as a consequence.

Is this a betting account ?

Consumer Rights Act should be quite straightforward - unfair contract terms - so presumably you have pointed out the term, the section of the CRA that says it's unfair, why the CRA applies to the contact and how that term relates to the CRA etc.

[i10k]

Thanks for your feedback Amethyst - your insight is much appreciated and gratefully received.

Yes, it is an online betting account. I've attached here for your information, and some further context, a redacted copy of my detailed particulars of claim.

Their defence is effectively boiled down to "we made a mistake in accepting the bet, so changed our minds and took the winnings back after settling it". If the shoe was on the other foot, and I decided - after losing a wager - that I didn't mean to place the bet, it would be my tough luck. They claim their one-sided T&C allow them to alter our agreement at any time, and for any reason, while for the consumer, "all bets are final and cannot be cancelled, altered or amended once accepted".

I think the arguments I've put forward in detailed PoC and other correspondence can be fairly easily summarised and expanded upon through highlighting particular pieces of legislation as you describe. Will post up for review in thread, if you would be so kind as to glance over it before I submit?

Many thanks!