County court papers received out of blue from lowell

[Celestine]

Re: County court papers received out of blue from lowell

Oh I agree M1, an Adjournment would really be a travesty, but I guess in our work we know that Judges seem to give these companies endless chances to prosecute their claim, so if she does get an adjournment, we can at least tear through the 'evidence' Lowell have supplied here.
Knowing that a nervous LIP will struggle against such opposition, I don't want her to feel that an adjournment is a loss.

Incidentally, these fake account statements are getting out of hand. I've had it crop up in several cases and when challenged, proof demanded, they slink away and pretend like it never happened. This is FRAUD.

[mystery1]

Re: County court papers received out of blue from lowell

An Adjournment is the only reasonable decision of the Judge given the abusively late filing of the evidence which should have been 14 days ago

I disagree, i think with the trial date being sacrosanct and the failures to adhere to court orders and cprs the only way it should go is that the evidence is out and the claim form, whilst valid, not being relied upon. As such the trial proceeds today without any evidence and as such the case dismissed.

An adjournment is a big 2nd prize for me.

M1

[mystery1]

Re: County court papers received out of blue from lowell

They cannot rely on the evidence received yesterday. Nor should the Judge allow them to either.

(From PT2537)
Consequence of failure to serve witness statement or summary

32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.
CPR 3.8 the sanction takes effect immediately they can not rely on the evidence without an application for relief from sanctions
and Mitchell makes it clear the test the Court must apply

CPR 32 doesn't apply in small claims

However the judges order, as advised, does.

M1

[Celestine]

Re: County court papers received out of blue from lowell

An Adjournment is the only reasonable decision of the Judge given the abusively late filing of the evidence which should have been 14 days ago

[Celestine]

Re: County court papers received out of blue from lowell

They cannot rely on the evidence received yesterday. Nor should the Judge allow them to either.

(From PT2537)
Consequence of failure to serve witness statement or summary

32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.
CPR 3.8 the sanction takes effect immediately they can not rely on the evidence without an application for relief from sanctions
and Mitchell makes it clear the test the Court must apply

[mystery1]

Re: County court papers received out of blue from lowell

He accepted the lateness of the evidence and did i get it this morning.

That's big of him since it's got a date on it !

M1

[Scigal]

Re: County court papers received out of blue from lowell

Or, did you bring biscuits ? I prefer chocolate.

M1

He asked if i wanted to settle,i said no

He accepted the lateness of the evidence and did i get it this morning. I said no hardcopies becuase i work. I only have email.

Reckons we'll be out in half an hour. Smarky smiley wn....r

no idea who he is but he wasnt getiing any comments out of me

[mystery1]

Re: County court papers received out of blue from lowell

Or, did you bring biscuits ? I prefer chocolate.

M1

[Scigal]

Re: County court papers received out of blue from lowell

Ill polite and hope he doesnt trick anything out of me. The usher said its good to talk before we go in. Wth why? He will twist and use it against me

[mystery1]

Re: County court papers received out of blue from lowell

Nothing, unless it suits you.

M1

[Scigal]

Re: County court papers received out of blue from lowell

What do i say

[Scigal]

Re: County court papers received out of blue from lowell

Oh god the other sides rep wants to talk to me before going in,

[Scigal]

Re: County court papers received out of blue from lowell

That's a sign , kick ass

M1

teehee

i checked him online and hes an H&Ejudge/partner specialising in pharma.

i bet hes amazing.
I am scared out of my mind

[mystery1]

Re: County court papers received out of blue from lowell

That's a sign , kick ass

M1

[Scigal]

Re: County court papers received out of blue from lowell

Haha silly!! Though it does have the letters 'ass' in the surname name. Oh f.. K