s214 claim: Skeleleton argument and case law

[peeta]

Hi all,

I have a course case on small claims track for a counterclaim under s214, where previously the Judge had asked to file a indexed bundle which I have done.

But, Skeleton argument was not added as it was filed month ago.

Nearer to the hearing, I would like to file a Skeleton argument. What is the process for doing it so pls?

courts have not asked for it explicitly? am I still ok to email the courts?

I do not much about Skeleton arguments, let alone how to file them.

But, I do believe I have a strong case and since I am LiP, I wanted the Judge to see some form of written document as my written skills are bit better than verbal and I can make my arguments strongly in written form.

any advice would be much appreciated..

thanks

[peeta]

Hi des8 or seniors, any advice me on the above pls?

[des8]

Unusual to produce skeleton argument for small claims track, but if you do there is a guide here: https://hallellis.co.uk/write-skeleton-argument/


Courts are a bit behind at the moment so I would email 3-4 days before trial (and copy in defendant)

[peeta]

thanks des8 , that link is very useful.

In legal arguments, looks like we can site legal authorities like uperstrike Ltd v Rodrigues, which I can find in https://www.bailii.org/ by Googling.

But, what about cases like LIAW V SOHAL, I could not find it.

so, is

a) only cases that goes to appeal are available on Bailli?
b) can unreported cases such as LIAW V SOHAL also mentioned on skeleton arguments and be relied upon in court?

[des8]

Have you tried approaching the court for a copy of the record?
'Liaw v Sohal. Central London County Court, 10 January 2019.
https://www.gov.uk/apply-transcript-...ibunal-hearing

County Court cases are rarely recorded on Bailii, but if you obtain a copy of court record you could use it.
If not available you can throw it in anyway.
You do realise there have apparently been contrary findings by other courts and County Court cases are only suasive?

[peeta]

thanks again des8 .

I do not think Ihv time to get copy of this case as my hearing is just a week away.

I will just include it inmy Skeleton argument, hope the judge can read about it somehow..

No, I am not aware of other findings, could you mention the cases pls. I will go through them and understand so that I can present my case and defend points accordingly ?

[des8]

Your Skeleton should be a concise version of your case which assists the judge in understanding the matter in dispute
I would not be putting up opposing arguments in order to knock them down.
You will have to put forward your case orally, so do not depend on your skeleton

If you do reference LIAW V SOHAL, be prepared for Judge to ask for copy.
What you should do is read the arguments used in that case and use those points yourself.
Don't just refer to it and expect the judge to be aware of it

[peeta]

thanks des8 .

I just hope I can get a copy of Liaw v SOHAL somehow as that case is very similar to mine.

any other cases like above you are aware of it pls- both for and against pls?

also, what criteria a case has to meet, for it to become a case-law? is Liaw v SOHAL a case-law?

[des8]

re case law: in a common law system such as ours the courts develop the laws enacted by parliament. By deciding a disputed point of law a senior court can change or clarify the law, thereby setting a precedent which other lower courts are bound to follow or apply in later cases.
Decisions in the County Courts are not binding in other courts.

Howard Davies v Scott Clerkenwell and Shoreditch County Court, 18 January 2018
Landlord had penalty of 3X deposit, but claim for 2 penalties dismissed

Also a list in this website: https://depositcompensation.co.uk/su...l-court-cases/

Cases apparently in favour of landlord:
Tiensia v Universal Estates,
Potts v Densley,

I haven't looked at any of these cases and don't know why the courts decided the way they did. I just put them out there for you to do your research

[peeta]

thanks this is exactly what I was looking for..I will research them..cheers!

so file this unbinding, it is ok to include them in the Skeleton argument right, just to confirm.

[des8]

You can include them, but they will carry little weight, especially if you don't have the court transcript

[peeta]

Hi @des8,

I have went through all the links above and researched and understood all about them.

It would be a shame if I could not find 'a document' of this case in time for my hearing which is a week away. regarding this document, I hv seen these three legal jargon are used. Could you pls tell me if they are same and if different and they each can be relied upon on court?

a) copy of the record (to be asked by contacting the relevant county court)
b) Transcript (I think this is an example: https://www.bailii.org/cgi-bin/forma.../2013/669.html)
c) Judgement order (an example would be https://www.bailii.org/ew/cases/Misc/2015/B18.pdf)

Thanks

[peeta]

Hi des8 / Celestine any chance either of you give some info regarding the above please?

[Celestine]

Have you researched whether it’s available on a premium LexisNexis type subscription?

[Celestine]

Also as per my advice on other thread, contact Shelter, they may be able to help get hold of that judgment.