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

[Drew32]

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?

[echat11]

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.

[Drew32]

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?

[echat11]

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.

[Drew32]

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?

[echat11]

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

[Drew32]

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?

[echat11]

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

[Drew32]

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

[echat11]

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

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

[Drew32]

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),"

[echat11]

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.

[Drew32]

R0b any thoughts?

[Drew32]

Hi echat11 and R0b

So regarding my post here, which was followed by advice to pen a letter to both the Judge and the Defendant before trial, I did just that:

https://legalbeagles.info/forums/for...39#post1589939

At the beginning of the final hearing, the Judge said he had not read my letter, as it appeared to be a complaint about the Defendant's solicitor, and that should be directed "elsewhere", though he did not say where.

The Judgement subsequently went against me and I am appealing. I am asking for a new trial.

I am going to point out that both parties were not on equal footing, as I mailed my evidence to the Defendant a month earlier than the new deadline he purposely did not tell me about.

But I am also going to point out that the revised hearing order, made on the 27th August, which advised us of the typo in the earlier order, was never emailed to me, the same day it was emailed to the Defendant, as it should have been. All orders were to be emailed and this was expressly ordered by the previous Judge on the case.

It is the reason the Defendant ended up making their ridiculous application - the root cause of such was the maladministration by Court staff in not emailing previous orders. There is a note on the front of this case file expressly telling staff to email me ALL orders.

Had Court staff followed this and emailed, I would have known about the revised dates the same time as the Defendant.

I was not sent this, and my evidence was then mailed to them three days later, and a day before the Defendant finally informed me of such.

Thoughts?

[echat11]

Hi echat11 and R0b

So regarding my post here, which was followed by advice to pen a letter to both the Judge and the Defendant before trial, I did just that:

https://legalbeagles.info/forums/for...39#post1589939

At the beginning of the final hearing, the Judge said he had not read my letter, as it appeared to be a complaint about the Defendant's solicitor, and that should be directed "elsewhere", though he did not say where.

The Judgement subsequently went against me and I am appealing. I am asking for a new trial.

I am going to point out that both parties were not on equal footing, as I mailed my evidence to the Defendant a month earlier than the new deadline he purposely did not tell me about.

But I am also going to point out that the revised hearing order, made on the 27th August, which advised us of the typo in the earlier order, was never emailed to me, the same day it was emailed to the Defendant, as it should have been. All orders were to be emailed and this was expressly ordered by the previous Judge on the case.

It is the reason the Defendant ended up making their ridiculous application - the root cause of such was the maladministration by Court staff in not emailing previous orders. There is a note on the front of this case file expressly telling staff to email me ALL orders.

Had Court staff followed this and emailed, I would have known about the revised dates the same time as the Defendant.

I was not sent this, and my evidence was then mailed to them three days later, and a day before the Defendant finally informed me of such.

Thoughts?

In post 34 I summarize what you should say in your letter to the Judge regards the creditor / solicitor shortfalls regards CPR.
For example, a) the Witness Statements had to be sent by 29th July, I did not receive a copy of the Claimants Witness Statement until 15th August, etc. Move onto the next point etc..