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Application to strike out my claim after I was given more time to respond

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  • #31

    echat11 regarding your following advice:

    "Before the hearing send the Court / Judge and him a summary of the 'shenanigans' explain with examples that he has made it difficult for you to adhere to CPR."

    Would you suggest sending this when all evidence is due to be submitted, or just before trial, along with my schedule of costs?

    Comment


    • #32
      I would send it before the Hearing, but enough time for the Judge to get it. You will need to send a copy to the other party at the same time, the first thing the Judge will ask is 'have you sent a copy to the other side?', if you don't, he won't consider it. Make sure it's in a listed / brief summary format, rather then long story format.

      Comment


      • #33
        Okay, so before I sit down and write this, I need to know the exact grounds for the Defendant being held responsible for being so unreasonable, and hence "please pay for my time due to said shenanigans."

        I need to show that he has been utterly unreasonable.

        So I intend to show that the Defence itself was very weak, and that I made offers to settle for much less than I expect I will get, and that the Defendant solicitor contravened CPR with his duplicity and lying, and that my inability to trust him meant we could not reach resolution sooner.

        Thoughts?

        Comment


        • #34
          Originally posted by Drew32 View Post
          Okay, so before I sit down and write this, I need to know the exact grounds for the Defendant being held responsible for being so unreasonable, and hence "please pay for my time due to said shenanigans."

          I need to show that he has been utterly unreasonable.

          So I intend to show that the Defence itself was very weak, and that I made offers to settle for much less than I expect I will get, and that the Defendant solicitor contravened CPR with his duplicity and lying, and that my inability to trust him meant we could not reach resolution sooner.

          Thoughts?
          You need to make a 'distinction' here. You have your case, this isn't an opportunity to further your case, it's an opportunity to provide the court with details on how the claimants solicitor hasn't followed CPR. The majority of your first post deals with the claimants / solicitors failures, go through the points (as you know what's happened better then anyone) i.e, the solicitor should have copied you into stuff, but didn't, he should of sent stuff to you by that date, but didn't etc. Clearly you summarize it in more detail, don't make it personal. The solicitor and Defendant need to be sent a copy.

          Comment


          • #35
            Can echat11 or anyone else point me towards the CPR rules about unreasonable conduct and asking for costs for time at the LIP rate please?

            Comment


            • #36
              Originally posted by Drew32 View Post
              Can echat11 or anyone else point me towards the CPR rules about unreasonable conduct and asking for costs for time at the LIP rate please?
              As stated in post 34, you should bring to the attention of the Court the 'unreasonable' behavior of the Defendant / solicitor, (as to whether the Court entertains costs in your favour will be up to the Judge).

              https://www.justice.gov.uk/courts/pr...s/part27#27.14

              Comment


              • #37
                K have received a letter stating that the staff member who just put forward the witness statement that was essentially the whole of their evidence submissions is not attending the hearing. This was sent a week after the submissions and a week before the hearing.

                States that they "do not need to send heresay notices as lawyers for the defendant will be in attendance."

                I mean, I might need to ask this lady questions about her submissions.

                Can anyone advise on the legality of what they say?

                Comment


                • #38
                  https://www.justice.gov.uk/courts/pr...l/rules/part32

                  Comment


                  • #39
                    Sorry, cannot find the answer I need from that link - did they need to file a heresay notice?

                    Comment


                    • #40
                      https://www.justice.gov.uk/courts/pr...l/rules/part33

                      http://disputeresolutionblog.practic...ess-summaries/

                      Comment


                      • #41
                        Aye aye aye...Sorry i am not legal savvy...

                        Is the lawyer right when he states that: "While CPR 33 (including Hearsay Notices) is disapplied by CPR 27, governing the Small
                        Claims Track, and our lawyers will be in attendance (therefore there is no requirement
                        for a notice under CPR 27.9),"

                        Comment


                        • #42
                          Originally posted by Drew32 View Post
                          Aye aye aye...Sorry i am not legal savvy...

                          Is the lawyer right when he states that: "While CPR 33 (including Hearsay Notices) is disapplied by CPR 27, governing the Small
                          Claims Track, and our lawyers will be in attendance (therefore there is no requirement
                          for a notice under CPR 27.9),"
                          My reading is that the following should apply, you should have received the 'informal notice' at the same time you received their Witness Statement, you received it on the 9th October, which doesn't give you enough time to respond because you've said 'This was sent a week after the submissions and a week before the hearing' :-

                          'Informal notice required. If the hearsay is contained in a witness statement but the witness will not be attending trial to give oral evidence then informal notice should be given to the other party. This should be done at the same time the statement is served. Informal notice can be given in the covering letter, which must inform the other party that the witness will not be called to give oral evidence and explain the reason for this (for example, they are too ill)'.

                          R0b Can you take a look and advise, many thanks.

                          Comment


                          • #43
                            R0b any thoughts?

                            Comment

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