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DISCONTINUED ** Claim under torts to recover compensation for loss

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  • #16
    Originally posted by jaguarsuk View Post

    Yes you can, you send it to the solicitors.

    Part 18 allows you to ask questions and you should also serve a copy to the court with a certificate of service. This way if they refuse or ignore the Part 18 then you can bring it up in the hearing.

    It would be useful to see the other defence as your son will need to file a Witness Statement 14 days prior to the hearing and serve it on the claimant.

    If you want to speak on his behalf you will need to submit a letter to the court from him stating that he wishes you to speak on his behalf under the Rights of Audience regulations otherwise it'll be him whom has to do all the talking in court.
    Thanks i do recall now that i had thoughts about sending a part 18 but got put off because i misread it as only a court can order that

    https://www.justice.gov.uk/courts/pr...l/rules/part18


    Do you know is there a template for part 18 or is it just simply stating that you are requesting further information under part 18 ?

    Is it the same request speaking on his behalf with the mediation too ?

    I will get a copy of the other defense to you shortly, am i right in saying they will also need to send their witness statement to him 14 day before too ?


    Thanks for that

    Comment


    • #17
      Originally posted by dave top View Post

      Thanks i do recall now that i had thoughts about sending a part 18 but got put off because i misread it as only a court can order that

      https://www.justice.gov.uk/courts/pr...l/rules/part18


      Do you know is there a template for part 18 or is it just simply stating that you are requesting further information under part 18 ?

      Is it the same request speaking on his behalf with the mediation too ?

      I will get a copy of the other defense to you shortly, am i right in saying they will also need to send their witness statement to him 14 day before too ?


      Thanks for that
      Here's a template.

      Your son will have to authorise you to mediate on his behalf in writing to them.

      Yes both sides must file and serve 14 days before the hearing.
      Attached Files
      HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

      My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

      I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #18
        Lay Representatives (Rights of Audience) Order 1999 :http://www.legislation.gov.uk/uksi/1999/1225/made

        Not strictly necessary to write to the court, but warning the judge that you do intend to represent your son, and quoting the order can prevent a "discussion" in the court room.

        Comment


        • #19
          Thank you for the info.

          Part 18 now sent, However getting in touch with mediation is a challenge, finally managed to get through yesterday, they have as of yesterday not contacted them for mediation but have until Monday, and until 22nd to pay the hearing fee.

          I don't want to get caught out on a technicality so im reading cpr 27 to make sure i follow the procedure when i submit documents, am i right in saying this is now a game of poker and they like me will wait right up to the deadline to show their hand? so i now just have to set out the arguments to defend this.



          Comment


          • #20
            Originally posted by dave top View Post
            am i right in saying this is now a game of poker and they like me will wait right up to the deadline to show their hand?
            Pretty much, if they refuse to mediate you'll get a hearing notice and will usually have to file a witness statement 14 days prior to the hearing.

            In the defence response to point 1 it would have been a good idea to quote the oxford case as a basis for the argument you are making.
            HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

            My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

            I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #21
              Originally posted by jaguarsuk View Post

              Pretty much, if they refuse to mediate you'll get a hearing notice and will usually have to file a witness statement 14 days prior to the hearing.

              In the defence response to point 1 it would have been a good idea to quote the oxford case as a basis for the argument you are making.
              Received hearing notice for July 3rd, Yep, after posting it off i kicked myself for that important detail and i did read it through quite a few time

              Comment


              • #22
                So Witness Statements due 14 days before the hearing ? Any other instruction on the hearing letter ? ( eg when do Poundland have to pay hearing fee by ?)
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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                • #23
                  Originally posted by Amethyst View Post
                  So Witness Statements due 14 days before the hearing ? Any other instruction on the hearing letter ? ( eg when do Poundland have to pay hearing fee by ?)
                  No other instruction, £25 fee payable by 3.30 22nd June

                  Comment


                  • #24
                    Okay start putting together the witness statement Post on here for support as you go as you can expand on the points in defence and also do a proper timeline of what happened and when.
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    FORUM: How to upload PICTURES and DOCUMENTS
                    FORUM: How to find your Posts & Threads
                    FORUM: How to Change your Avatar

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #25
                      Originally posted by Amethyst View Post
                      Okay start putting together the witness statement Post on here for support as you go as you can expand on the points in defence and also do a proper timeline of what happened and when.
                      Thanks, will do


                      Is it 14 working days before hearing? if not 14 days would make it 19th June, if i post it on the 18th would that be ok, also how about emailing it to claimants solicitor ? courts copies not a problem as i can put them through the letter box the night before time out.
                      Last edited by dave top; 12th June 2018, 13:04:PM. Reason: clarification

                      Comment


                      • #26
                        Originally posted by dave top View Post

                        Thanks, will do
                        You're not supposed to make legal points in the Witness Statement, but add in the timeline after receiving the claim form "I began researching this matter and discovered the Oxford case No. 1UC71244 , A Retailer v MS A and MS B to discover that the as Poundland staff were not “significantly diverted from their usual activities” or that there was “any significant disruption to its business” which, in this type of case, may amount to the same thing. Nor was there any loss to them."

                        As a Litigant in Person you should get away with it being in there and then you can argue the point during the hearing.
                        HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

                        My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

                        I do not come on here in the evening, at weekends or on public holidays.

                        Comment


                        • #27
                          Originally posted by jaguarsuk View Post

                          You're not supposed to make legal points in the Witness Statement, but add in the timeline after receiving the claim form "I began researching this matter and discovered the Oxford case No. 1UC71244 , A Retailer v MS A and MS B to discover that the as Poundland staff were not “significantly diverted from their usual activities” or that there was “any significant disruption to its business” which, in this type of case, may amount to the same thing. Nor was there any loss to them."

                          As a Litigant in Person you should get away with it being in there and then you can argue the point during the hearing.

                          Thanks i shall do just that.

                          can anyone help with the answer to this please Re:Witness Statement ??

                          Is it 14 working days before hearing? if not 14 days would make it 19th June, if i post it on the 18th would that be ok, also how about emailing it to claimants solicitor ? courts copies not a problem as i can put them through the letter box the night before time out.

                          Comment


                          • #28
                            Originally posted by dave top View Post


                            Thanks i shall do just that.

                            can anyone help with the answer to this please Re:Witness Statement ??

                            Is it 14 working days before hearing? if not 14 days would make it 19th June, if i post it on the 18th would that be ok, also how about emailing it to claimants solicitor ? courts copies not a problem as i can put them through the letter box the night before time out.
                            It is 14 calendar days before and most solicitors do not accept service by email, but you could telephone them and ask them if they do.
                            HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

                            My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

                            I do not come on here in the evening, at weekends or on public holidays.

                            Comment


                            • #29
                              Hi all, having got my witness statements sent in time i never received any from the claimants solicitors, but today what i did receive was a notice of discontinuance, i will post it up later, thanks for all your help.

                              Comment


                              • #30
                                Wicked xxxxx Well done for standing up to them - excellent news.
                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                FORUM: How to upload PICTURES and DOCUMENTS
                                FORUM: How to find your Posts & Threads
                                FORUM: How to Change your Avatar

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                                Comment

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