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Hope someone can help here...
I have a case against a travel firm.
The Defendant objected to my initial particulars of claim, stating that there was no legal basis identified, even though it is obvious what the legal case is from those POC.
The Judge struck out the POC, and asked me to file new POC, this time stating the legal basis - he wrote "say whether this claim is in breach of contract, breach of statute, or tort." I think he wrote this because all three laws were broken, and you can tell that from reading the original POC.
Unfortunately I am abroad and arranged for any orders to be emailed. There is a note on the Court system saying such. This order giving me three weeks to file new POC was not seen, and so I brought this to the Courts attention, having found out about the Order two weeks later than I otherwise would have.
I emailed the Court, and after about a week, the Judge extended the deadline for me, and I got the much more detailed POC in by this new deadline.
However the Defendant's solicitor, who is an annoyingly pedantic man, has now made a ridiculously long application to the Court to follow the original order, ignore the newest one, and have an award of costs made against me.
Basically, I found out from speaking to the travel firm directly that he has has told them the case was struck out. When it was not.
His application states that the original order was an 'unless order', and as I made no application to extend it, it should be followed to the letter. He then states there is no reason why my issues should be allowed/considered as an ex parte application. He goes on to make a series of ridiculous and fantastical allegations about how I MUST HAVE see the original, mailed order, using at best circumstantial arguments (as they must be because the fact is that I did not see the order until the Court finally emailed it to me), and he makes out I have been conspiring behind his back, not copying him in on correspondence between myself and the Court, and that the Court is also in on it, disadvantaging his Client and breaking all sorts of laws.
BTW, there was only one email he was not copied in on, which was to take issue with my not being emailed the original order. I am under the impression that an email about the admin. of the case does not need to be sent to the Defendant.
All of his incorrect assertions, in my opinion, make the application seem desperate and infantile.
He basically thought he had been successful, when he had not been, and is now behaving obnoxiously.
Just my opinion.
I am not concerned about his mudslinging and conspiracy theories. They can be shown for being just that.
And Court staff have told me that the last order would be the one that is important, and supersedes the previous one.
But this man is demanding I immediately withdraw my claim so to "reduce the costs awarded against me."
This is after I already discontinued my claim once and started it again, on his insistence, because the parties name was ever so slightly incorrect.
I think the man is a professional gaslighter and believes he can bully me (and the Court) into doing his bidding, using an avalanche of rules and technicalities.
It is also a reaction to my detailed POC, which demonstrate that I have a significant case to answer.
Wanted to find out your thoughts, people of Legal Beagles.
And also wanted to ask how I should approach the mans conduct, and how to highlight it, for the Court to be made aware of.
Also, as I oppose the application, I want to claim costs, for my time, etc, as this application is so demonstrably ridiculous and unreasonable.
EDIT: Also, it would be helpful to know whether I need to respond to this with a witness statement, etc, or just speak on the day.
I have a case against a travel firm.
The Defendant objected to my initial particulars of claim, stating that there was no legal basis identified, even though it is obvious what the legal case is from those POC.
The Judge struck out the POC, and asked me to file new POC, this time stating the legal basis - he wrote "say whether this claim is in breach of contract, breach of statute, or tort." I think he wrote this because all three laws were broken, and you can tell that from reading the original POC.
Unfortunately I am abroad and arranged for any orders to be emailed. There is a note on the Court system saying such. This order giving me three weeks to file new POC was not seen, and so I brought this to the Courts attention, having found out about the Order two weeks later than I otherwise would have.
I emailed the Court, and after about a week, the Judge extended the deadline for me, and I got the much more detailed POC in by this new deadline.
However the Defendant's solicitor, who is an annoyingly pedantic man, has now made a ridiculously long application to the Court to follow the original order, ignore the newest one, and have an award of costs made against me.
Basically, I found out from speaking to the travel firm directly that he has has told them the case was struck out. When it was not.
His application states that the original order was an 'unless order', and as I made no application to extend it, it should be followed to the letter. He then states there is no reason why my issues should be allowed/considered as an ex parte application. He goes on to make a series of ridiculous and fantastical allegations about how I MUST HAVE see the original, mailed order, using at best circumstantial arguments (as they must be because the fact is that I did not see the order until the Court finally emailed it to me), and he makes out I have been conspiring behind his back, not copying him in on correspondence between myself and the Court, and that the Court is also in on it, disadvantaging his Client and breaking all sorts of laws.
BTW, there was only one email he was not copied in on, which was to take issue with my not being emailed the original order. I am under the impression that an email about the admin. of the case does not need to be sent to the Defendant.
All of his incorrect assertions, in my opinion, make the application seem desperate and infantile.
He basically thought he had been successful, when he had not been, and is now behaving obnoxiously.
Just my opinion.
I am not concerned about his mudslinging and conspiracy theories. They can be shown for being just that.
And Court staff have told me that the last order would be the one that is important, and supersedes the previous one.
But this man is demanding I immediately withdraw my claim so to "reduce the costs awarded against me."
This is after I already discontinued my claim once and started it again, on his insistence, because the parties name was ever so slightly incorrect.
I think the man is a professional gaslighter and believes he can bully me (and the Court) into doing his bidding, using an avalanche of rules and technicalities.
It is also a reaction to my detailed POC, which demonstrate that I have a significant case to answer.
Wanted to find out your thoughts, people of Legal Beagles.
And also wanted to ask how I should approach the mans conduct, and how to highlight it, for the Court to be made aware of.
Also, as I oppose the application, I want to claim costs, for my time, etc, as this application is so demonstrably ridiculous and unreasonable.
EDIT: Also, it would be helpful to know whether I need to respond to this with a witness statement, etc, or just speak on the day.
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