DISCONTINUED ** Claim under torts to recover compensation for loss

[dave top]

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

[jaguarsuk]

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.

[des8]

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.

[dave top]

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.

[jaguarsuk]

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.

[dave top]

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

[Amethyst]

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 ?)

[dave top]

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, Ł25 fee payable by 3.30 22nd June

[Amethyst]

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.

[dave top]

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.

[jaguarsuk]

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.

[dave top]

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.

[jaguarsuk]

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.

[dave top]

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.

[Amethyst]

Wicked xxxxx Well done for standing up to them - excellent news.