Hello, I have recently received a Court Order requiring me to submit amended PoC that comply with the requirements of CPR Part 16. The judge has kindly set out what it should include:
a) The legal basis for the claim.
b) Details of any alleged breaches of duty.
c) Details of any damages sustained as a result of any breach.
d) The cost to remedy the breach and/or the value of any damages sustained.
e) A statement of truth.
I have therefore re-drafted my original Particulars of Claim but am still not sure if they are completely compliant (e.g. what constitutes legal basis, breaches of duty) or if my claim will be struck-out as a result. That is what the defendants' solicitors have been pressing for (with costs) after submitting a wholly dishonest witness statement in defence of my claim on behalf of their clients. The claim is for a few thousand pounds in damages and was re-directed from MCOL to the Small Claim Track at my local county court last month.
Would anyone qualified to do so be able and willing to check my 4-page Amended PoC for legal compliance and relevance? I could send it directly by email or anonymise, upload and post on here. I have tried and failed to get two local respected firms of solicitors to take the matter on and check it but both say their litigation teams are already working at full capacity. A sign of the times??
Thanks
horleyox
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Hello R0b,
Some feedback for future reference and for others.
The 7 day time limit associated with CPR 3.5(6)(b) relates to the date the court order was served (plus two business days), not the date the order was made. In my case, the 2 Aug order was served on 13 Aug, so the 20 Aug application made by my defendants' legal representative was valid.
horleyox -
R0b,
I posted the 6-point WS for the hearing on here 2 weeks ago. There was one view.
After including their application particulars, i have argued that the application should:
1. Not be considered because CPR39,8 was not complied with:
2. Not be heard because of the CPR3.3 issue; and 3. Is not valid because, by rights they should have applied to appeal, rather than set aside.
In closing, technically if the application had been compliant my claim could have been struck out. Truthfully, my claim remains valid based on the re-amended PoC, and fuller WS and RtoD submitted in September.
horleyox
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A covering letter is not the usual way to go for opposing a set aside application. You've also referenced a witness statement but you haven't uploaded the contents so can't see what has been inserted.
I don't understand in the covering letter why you have referred to extracts of the Claimant's application or correspondence with you but not explained what the purpose of doing so. It looks like you are falling into the same trap as you did with your particulars of claim.
All I can say is good luck.
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Here you go. See attached.
Just to put all in context, I have now been told that it would cost me £10k for preparing the re-amended PoC and be legally represented at the court hearing that heard my claim for £6k if that was ever to take place. Plus my neighbours smugly told me yesterday that I will be saving them solicitor's costs of £33k, including the scheduled application hearing.
So much for justice...and for using the Small Claims Court for claims of less than £10k. The only people who win are the solicitors.
horleyoxLeave a comment:
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Suggest you post it up once you've drafted it and we can comment to make sure you've set it out properly. You don't want to be in the same position as your POC where your witness statement and accompanying evidence is struck out for non-compliance..Leave a comment:
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If you're opposing an application then normally you should put it in the form of a witness statement and file any evidence that way. How do you know this is a without notice application? It looks to me that it's a with notice application, because Q9. says the application should be served on the Claimant.
I would suggest you put your arguments in the form of a witness statement than a letter.Leave a comment:
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I have since removed the 'without notice' paragraph given unsure if relevant as I have been given notice of hearing of the application by the court, so no new order made to apply to set aside or vary.
horleyoxLeave a comment:
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Hello R0b and PT,
My latest draft setting out why I am opposing the proposed set aside hearing is attached.
Any further comments would be appreciated. I would like to submit it as soon as possible so that I may at least catch up on recent sleepless nights over the weekend.
horleyoxLeave a comment:
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Hello QCK,
There is no contract linked to this dispute and have since moved on considerably from the Amended PoC prepared with the help of Efpom to the re-amended version that the defendants' solicitor would prefer didn't see the light of day.
horleyoxLeave a comment:
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The application will most likely be heard, to refuse to hear would open a door for an appeal so its most likely going to hear listed and heard. You are at risk of costs, you need to be alive to that, and while i cannot say what the costs are you may face, id expect it to be several thousands if they succeed.Originally posted by horleyox View Post
You really need to oppose the application, the letter to the Court is a good start but do make sure you copy the others side into the letter when you send it.
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Morning R0b,
I wasn't sure how one went about objecting to an application. Is it by making an application notice or just sending a letter to the court? And is a fee required?
Anyway, I have gone ahead and drafted a letter to the court seeking that the defendants' application not be heard based on your initial advice and providing reasons why. Copy attached. Your comments would be much appreciated.
horleyoxLeave a comment:
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