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Hi,
I'm hoping someone can point me in the right direction.
I received a county claim- which I acknowledged on the 13/05/2021
I want to request information/ evidence from Gladstone before I prepare my defence. This is what I have so far..
please help...
As set out in the Ministry of Justice Practice Direction 54a: It is very important that claimants give copies of any written document which sets out their arguments (known as a “skeleton argument”) which they intend to rely on, and any other material (for example, reports of cases) in support of their arguments, to the Court and to their opponents in good time before any hearing. Claimants should identify in advance, the points which they consider to be their strongest, and they should put those points first in their skeleton argument and in any submissions to the Court.
The claimant must file and serve a skeleton argument no less than 21 working days before the substantive hearing (or the warned date). (CPR PD 54A paragraph 15.1)
15.3 Skeleton arguments must contain:
(1) a time estimate for the complete hearing, including delivery of judgement;
(2) a list of issues;
(3) a list of the legal points to be taken (together with any relevant authorities with page references to the passages relied on);
(4) a chronology of events (with page references to the bundle of documents (as defined in 16.1);
(5) a list of essential documents for the advance reading of the court (with page references to the passages relied on) (if different from that filed with the claim form) and a time estimate for that reading; and
(6) a list of persons referred to.
As you have submitted a claim form, you will be well aware that, as set out in CPR PD 54A paragraph 5.6:
The claim form must include or be accompanied by –
(1) a detailed statement of the claimant’s grounds for bringing the claim for judicial review;
(2) a statement of the facts relied on;
(3) any application to extend the time limit for filing the claim form;
(4) any application for directions.
5.7 In addition, the claim form must be accompanied by
(1) any written evidence in support of the claim or application to extend time;
(2) a copy of any order that the claimant seeks to have quashed;
(3) where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
(4) copies of any documents on which the claimant proposes to rely;
(5) copies of any relevant statutory material; and
(6) a list of essential documents for advance reading by the court (with page references to the passages relied on).
5.8 Where it is not possible to file all the above documents, the claimant must indicate which documents have not been filed and the reasons why they are not currently available.
As a defendant I am required to file and serve a skeleton argument of my own, not less than 14 working days before the date of the hearing of the judicial review (or the warned date) but without the above information and a copy of your skeleton argument, it would be unreasonable to expect me to be able to consider and construct my formal defence. I therefore require you to supply me with the above listed documents which you intend to rely on in court AND additionally, in the interest of narrowing the topics under dispute, to provide me:
1. Copies of the original signage in that location (from 31/01/2020) as it has changed since, which clearly display the supposed contract between myself and UK Car park Management
2. A plan of the site displaying exactly where those signs were (from 31/01/2020),duly dated and signed,
3. Copies of the correspondence between myself and UK Car park Management or any other regulated trade bodies
4. A redacted copy of commercial information on pricing ONLY contract for the site, showing that UK Car park Management have the right to operate there.
5. A copy of the contract between the landholder and UK Car park Management which clearly shows they have authority to offer contracts in their own name and to pursue them to court that complies with their trade bodies Code of Practice.
Please note that any claim that the contract proving your client’s authority to operate on this land is privileged is false, and CAN be sent now to avoid unnecessary delay. A failure to produce documents now will be documented and may be used to claim costs on the indemnity basis.
As I am certain that you would not be in the habit of starting litigation WITHOUT these documents already prepared in order for you to perform reasonable diligence before issuing the claim; I require the information within 7 days of the day of service. The day of service is taken as 5 days after the issue date shown at the top of this letter. This is in accordance with the overriding objective that you MUST abide by, as officers of the court.
Sincerely,
I'm hoping someone can point me in the right direction.
I received a county claim- which I acknowledged on the 13/05/2021
I want to request information/ evidence from Gladstone before I prepare my defence. This is what I have so far..
please help...
As set out in the Ministry of Justice Practice Direction 54a: It is very important that claimants give copies of any written document which sets out their arguments (known as a “skeleton argument”) which they intend to rely on, and any other material (for example, reports of cases) in support of their arguments, to the Court and to their opponents in good time before any hearing. Claimants should identify in advance, the points which they consider to be their strongest, and they should put those points first in their skeleton argument and in any submissions to the Court.
The claimant must file and serve a skeleton argument no less than 21 working days before the substantive hearing (or the warned date). (CPR PD 54A paragraph 15.1)
15.3 Skeleton arguments must contain:
(1) a time estimate for the complete hearing, including delivery of judgement;
(2) a list of issues;
(3) a list of the legal points to be taken (together with any relevant authorities with page references to the passages relied on);
(4) a chronology of events (with page references to the bundle of documents (as defined in 16.1);
(5) a list of essential documents for the advance reading of the court (with page references to the passages relied on) (if different from that filed with the claim form) and a time estimate for that reading; and
(6) a list of persons referred to.
As you have submitted a claim form, you will be well aware that, as set out in CPR PD 54A paragraph 5.6:
The claim form must include or be accompanied by –
(1) a detailed statement of the claimant’s grounds for bringing the claim for judicial review;
(2) a statement of the facts relied on;
(3) any application to extend the time limit for filing the claim form;
(4) any application for directions.
5.7 In addition, the claim form must be accompanied by
(1) any written evidence in support of the claim or application to extend time;
(2) a copy of any order that the claimant seeks to have quashed;
(3) where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
(4) copies of any documents on which the claimant proposes to rely;
(5) copies of any relevant statutory material; and
(6) a list of essential documents for advance reading by the court (with page references to the passages relied on).
5.8 Where it is not possible to file all the above documents, the claimant must indicate which documents have not been filed and the reasons why they are not currently available.
As a defendant I am required to file and serve a skeleton argument of my own, not less than 14 working days before the date of the hearing of the judicial review (or the warned date) but without the above information and a copy of your skeleton argument, it would be unreasonable to expect me to be able to consider and construct my formal defence. I therefore require you to supply me with the above listed documents which you intend to rely on in court AND additionally, in the interest of narrowing the topics under dispute, to provide me:
1. Copies of the original signage in that location (from 31/01/2020) as it has changed since, which clearly display the supposed contract between myself and UK Car park Management
2. A plan of the site displaying exactly where those signs were (from 31/01/2020),duly dated and signed,
3. Copies of the correspondence between myself and UK Car park Management or any other regulated trade bodies
4. A redacted copy of commercial information on pricing ONLY contract for the site, showing that UK Car park Management have the right to operate there.
5. A copy of the contract between the landholder and UK Car park Management which clearly shows they have authority to offer contracts in their own name and to pursue them to court that complies with their trade bodies Code of Practice.
Please note that any claim that the contract proving your client’s authority to operate on this land is privileged is false, and CAN be sent now to avoid unnecessary delay. A failure to produce documents now will be documented and may be used to claim costs on the indemnity basis.
As I am certain that you would not be in the habit of starting litigation WITHOUT these documents already prepared in order for you to perform reasonable diligence before issuing the claim; I require the information within 7 days of the day of service. The day of service is taken as 5 days after the issue date shown at the top of this letter. This is in accordance with the overriding objective that you MUST abide by, as officers of the court.
Sincerely,
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