** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

[pt2537]

Re: Please Help!!!! Lowell / Lloyds court claim

you would normally start a statement with
1. I am the defendant in this claim.
2. i make this statement in support of my defence dated
3.The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained within this witness statement are not within my own knowledge, I have stated the source of my information.
4. There is now produced and shown to me a bundle of documents marked exhibit AB1 which contains documents hwich i shall refer to within this statement

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Won't do 4 as there isn't xx

[pt2537]

Re: Please Help!!!! Lowell / Lloyds court claim

only if you have no exhibits do you no longer need to refer to exhibits. If theres documents then you should refer to them

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

The Claimants have submitted sod all. Here http://www.legalbeagles.info/forums/...133#post519133

[pt2537]

Re: Please Help!!!! Lowell / Lloyds court claim

The Claimants have submitted sod all. Here http://www.legalbeagles.info/forums/...133#post519133

but its the Defendants statement, he must surely have copieso f his own letters etc that he wishes to rely on?

A witness statement should be supported with a bundle of exhibts, they dont form part of the statement

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Ok, so you want a sentence at the top to say ' there's a bundle of doc's attached referred to within the statement as Exhibit A, B,C' etc.

That aside, this now seems to be a Lloyds overdraft claim which will include a number of unfair charges - however we have been given no documents or details how the amount has accrued so we can't really say a lot about unfair charges until we have a breakdown from the bank/claimant as to how the amount has accrued, else it would be guess work, and we'd have to say in the Witness Statement that we think if there is an agreement and if there is a sum owing that sum may be made up of unfair charges ?

Basically this WS needs to get the court to order inspection of documents as we can't defend on the very vague info they have given us so far.

The WS is for a strike out application hearing ( from the other side who say we have no prospect of success with out defence which was based on having no idea at all what the claim was for - c/card / loan or current account )

[pt2537]

Re: Please Help!!!! Lowell / Lloyds court claim

Oh well hang on a sec then, is it a strike out or summary judgment?

If SJ then you will need reference to CPR 24 and also to the test for SJ etc, in my opinion, did you ever see the lawtel precedents that i had for such statements? it would no doubt help here

[pt2537]

Re: Please Help!!!! Lowell / Lloyds court claim

Guidance Notes on Witness Statements

The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved at trial by their oral evidence given in public and, at any other hearing, by their evidence in writing.

CPR r.32 and CPR PD 32 set out the formal requirements for written evidence, including witness statements. These are summarised below.

Format of the witness statement

The top right hand corner of the first page should contain:

• [*=left]The party on whose behalf the statement is made;
  [*=left]The initials and surname of the witness;
  [*=left]The number of the statement in relation to that witness, e.g. 1^st, 2^nd, etc.
  [*=left]The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;
  [*=left]The date the statement was made.

The witness statement should be headed with the title of the proceedings.

The witness statement should:

• [*=left]Be produced on good quality A4 paper with a 3.5cm margin;
  [*=left]Be fully legible and should normally be typed on one side of the paper only;
  [*=left]Be bound securely in a manner which would not hamper filing;
  [*=left]Have consecutively numbered pages;
  [*=left]Be divided into numbered paragraphs;
  [*=left]Have all numbers, including dates, expressed in figures; and
  [*=left]Give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement, for example [at page14 “ABC1”]

It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with. Each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.

Content of the witness statement

• [*=left]The witness statement must, if practicable, be in the witness’s own words and should be expressed in the first person;
  [*=left]The first paragraph generally sets out the “who, what and why” of the statement maker:
  • [*=left]Who the witness is – name, residential address (or business address if he is making the statement in a business or professional capacity, together with the position held and the name of his firm or employer)
    [*=left]What the witness’s connection with the proceedings is
    [*=left]Why the witness is making the statement;

• [*=left]Witness statements should deal with facts known to the witness. To demonstrate that this is the case, words such as: “Save where I indicate to the contrary, the matters set out in this witness statement are known to me personally.” Where a fact is not within the direct knowledge of the witness, it can be included but should be preceded by, for example “I am informed by [ ] and believe that ...”.It is important to state the source of any matters or information or belief;
  [*=left]Witness statements in support of or in opposition to an interim application should contain only facts relevant to that application;
  [*=left]Witness statements of lay witnesses should not contain legal argument. If it is necessary to refer to the legal position, a phrase such as “I am informed by my solicitor and believe that ...” maybe used;
  [*=left]Witness statements must contain a statement that the witness believes the facts in it are true;
  [*=left]Witness statements should be signed and dated.

Please see outline precedent witness statement below.

Exhibits

Documents referred to in a witness statement should be produced to and verified by the witness and remain separate from the witness statement.

Copies of individual letters should be collected together and exhibited in a bundle or bundles. They should be arranged in chronological order with the earliest at the top.

Each exhibit should have a front page attached identifying its exhibit number and details of the statement to which it is exhibited.

The top right hand corner of the exhibit sheet should contain:

• [*=left]The party on whose behalf the statement is made;
  [*=left]The initials and surname of the witness;
  [*=left]The number of the statement in relation to that witness, e.g. 1^st, 2^nd, etc.
  [*=left]The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;
  [*=left]The date the statement was made.

The exhibit sheet should be headed with the title of the proceedings. A centre-heading should state the exhibit number.

Please see outline precedent exhibit sheet below.

Defendant



STATEMENT OF [NAME]

I, [NAME] of [business WITNESS address of person making statement on behalf of firm or company] will state as follows:

1. [I am a [state occupation or, if none, description, e.g. housewife, retired …] [and the [claimant][defendant] in these proceedings][I am a director of the [claimant] [defendant] company and am authorised to make this statement on its behalf]. I make this witness statement in opposition to the [claimant’s] [defendant’s] application for summary judgment.

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.
3. There is now produced and shown to me a bundle of documents marked “ABC1”. The exhibit ABC1 contains copies [of the documents to which I refer in this witness statement]. [If there is more than one exhibit, introduce each one prior to referring to it and describe the contents].
4. [In chronological order, list the facts on which the witness relies in [support of] [opposition to] the application. In opposing applications for summary judgment, the following facts need to be addressed:

1. Refer to the grounds for summary judgment set out in the applicant’s evidence;
2. Explain why, by reference to the facts of the case, the respondent believes the claim/defence or issue therein does have a real prospect of success. If the respondent is the defendant his evidence should seek to establish from the facts that he has a real prospect of successfully defending the claim or issue. If the respondent is the claimant his evidence should seek to establish that he has a real prospect of succeeding on the claim or issue; and/or
3. Explain why, by reference to the facts of the case, the respondent believes there is a compelling reason for a trial. A respondent that has failed to establish that he has a real prospect of success may still prevent an order for summary judgment if he shows that there is a compelling reason for a trial (e.g. the case is complex, there has been insufficient opportunity to prepare a defence).
4. If the respondent believes the proceedings are excluded from the provisions of CPR Pt 24, explain why. For information on when summary judgment is not available, see section 2.2 of the Procedural Guide “Application for Summary Judgment”.
5. If the claimant is the applicant, and the application is being made prior to filing the acknowledgment of service or defence, the defendant may contest the application on the grounds of it being made too early (unless the court has given permission pursuant to r.24.4(1).
6. Has the respondent been given 14 days’ notice of the hearing?
7. If the defendant is the respondent to the application, consider whether a defence of set-off exists (see section 6.1 of the Procedural Guide “Application for Summary Judgment”).

5. I therefore request that the court do dismiss the applicant’s application for summary judgment.
I believe that the facts stated in this witness statement are true.
Signed ________________________
Dated ________________________

see the above

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

see the above

Excellent thanks Paul, that's helpful

9 The defendant has no real prospect of successfully defending this claim.

10. The claimant requests that the defendants defence be struck out and judgement be entered in favour of the claimant.

That is included in the claimant's reply to the defence which was ordered by the DJ here

1. THE CLAIMANT DO FILE AND SERVE A REPLY TO THE DEFENCE DEALING WITH ALL MATTERS AND ISSUES RAISED THEREIN BY THE 7 JULY 2014

but they were two months late with it, but nothing was done at that point.

[MENTION=46068]jse85883[/MENTION] - what does the order for the hearing actually say ?? If you can scan/photo the order that would help.

After the court not doing anything for 5 months they have finally decided to issue a court date for the 09 April 2015 at Chelmsford

Here's my questions:

There is one statement on the letter that says : Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing!

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Thank you both.

[MENTION=6]Amethyst[/MENTION] unfortunately that document is in my office and I cant scan it till Monday morning!!

From what I recall its seemed fairly standard in its request i.e asking for us both to bring relevant documentation and let both parties have that documentation 14 days prior to the court date of the 9th April

I don't whether that's enough to work on? I believe I need to send all this by Wednesday of next week!

Thanks
Justin

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Morning [MENTION=6]Amethyst[/MENTION] how do I attach a PDF file on here?

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

court 1.pdfcourt 2.pdfcourt 3.pdf Worked it out lol!!! [MENTION=6]Amethyst[/MENTION]

Hope this helps, let me know if you need anything else please?

Thank you

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Morning, Yep that worked xx

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Okay, so it is just the standard full hearing - hour and a half estimated.

So directions. Mainly aimed at the Claimant, so really our WS wants to push the point on each of those docs.

(the order does sound rather like the debt pre-action protocols that haven't come in yet actually )

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

ok thank you.
Will you finalise the witness statement now, or do you need any more info?

Thank you [MENTION=6]Amethyst[/MENTION]