Defence written "without prejudice" - will a small claims court judge accept this?

[Pezza54]

The dealer sounds untrustworthy to say the least.
Try googling his name and click on the Companies House website that should pop up
You may find the person is a director in more than one company. Unscrupulous directors open more than one company which are displayed as "Active" when in fact they have been inactive for years
All the director has to do is liquidate the company in trouble and continue in one of the other companies

[echat11]

There is a very informative article at hallellis.co.uk about preparing witness statements for court.
Briefly witness statements should not include opinions or hearsay evidence
Facts should be supported with evidence that is cross referenced

Please read the government guidelines about mediation. All discussions are confidential and are "without prejudice"
Nothing that was said at mediation can be used in court

Agree on this, you really have to forget 'mediation' happened. It was an opportunity to resolve the matter, it didn't happen.
As such it has nothing to do with your Court case. The Judge / Court will ignore it.

[MaryS57]

Thank you ECHAT! and PEZZA54. Most helpful.

I'll forget about the mediation as you say - but at least I've had my eyes opened as to what the dealer is capable of.

I will certainly gather as much extra evidence as I can as you suggest and report the dealer to Trading Standards.

1) A few days ago, I wrote to the National Caravan Council (NCC) and asked them to investigate. The dealer's webpages also read as if the dealership is affiliated to the NCC - which obviously it isn't . I attached screen shots of the webpage and a full scan of the business card that I have - the card has prices for extras that I had written on it, so it is easy for the NCC to see it was used during the negotiations to buy the new caravan . I've asked the NCC to write back to me with their findings - so hopefully this should add to my evidence pile.

2) The customer in my paragraph (3 above - call him James) who was nearly swindled out of £1000's has also put a complaint into NCC about the dealer's misleading webpage. He lives nearby & we are in contact on FB. It was he who informed me about the fact that dealer is now banned from selling new caravans.

3) I'll write to the two caravan manufacturers to enquire if they sell to the dealership - but judging from the dealer's website this info appears correct.

4) Regarding Companies House, the dealer does not quite fit the usual "multiple companies" mold. He was director of only one other company (on the same site as the current one) and that this has been dissolved. He along, with 2 other directors, is now a director of this caravan company, The dealer recently (23 rd April 2024) took significant control of this limited company which, according to the last accounts, has net capital reserves of around £24K (plus second-hand caravans parked on the forecourt). At least one of the other directors is also director of the campsite that neighbours onto the dealer's workshop premises.

5) James may be prepared to confirm his experience in writing , he is exceedingly nice and helpful as we have both suffered - but maybe you can guide me as I would be nervous involving someone else in our case especially if it wasn't needed..

6) I'll investigate best way to write the witness statement using the helpful link you have provided.

Thanks again for all your very helpful suggestions,

[Pezza54]

I wouldn't worry James. He doesn't have anything to do with your claim.
If he did, he would have to be a witness and be prepared to be cross-examined by the defendant.
You would have had to include him as an additional witness in your DQ

[MaryS57]

Thanks very much for all your help. I've had a good look at the Hall Ellis link you kindly posted regarding preparation of Witness statements.

https://hallellis.co.uk/preparing-witness-statements/

It seems excellent and very helpful. I will follow it.

There is just one preliminary query that has sprung to mind, and it would be great if you could clarify please.

Say, for example, there are 5 documents in each Exhibit MS1 to Exhibit MS3 (plus 3 pages for the witness statement itself).

Option 1:
- I number the docs in Exhibit MS1 - pages 1-5
- Then for Exhibit MS2 - pages 6-10
- Then for Exhibit MS3 - pages 11-15

Option 2
- I number the docs in Exhibit MS1 - pages 1-5
- Then for Exhibit MS2 - pages 1-5
- Then for Exhibit MS3 - pages 1-5

Option 3 (this takes into account the 3 pages in the witness statement also)
I number the docs in Exhibit MS1 - pages 4-8
- Then for Exhibit MS2 - pages 9-13
- Then for Exhibit MS3 - pages 14-18

Option 4 - How does this fit in with the numbering system for the whole bundle with the statements of case presumably in front, Or is there a re-numbering process at this stage?.
.
Thanks in advance.

[Pezza54]

Court bundles are omitted on the small claims track. The court should already have N1, N9, PoC, Defence, Reply to Defence, DQs and doesn't want to be swamped with paper
The witness statement should be in chronological order and if for example your received a letter on such a date, refer to Exhibit L1 or email Exhibit EM1
So the judge can find and read the relevant exhibit quickly you could in large bold print or coloured pen write L1 in the top right corner of the exhibit.
It is up to you how you present the evidence (exhibits) You need a system when presenting your witness statement in court, parties and the judge can find the relevant exhibit without having to fumble through papers

[MaryS57]

Thanks. I will make the Exhibits very easy and clear - so the judge can quickly find what they want to see.