Phoenix Recoveries v Kotecha Jan 2011

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2011

pt do you know when the full judgement will be released?

the Kotecha one?

No i dont, we havent requested a copy of the judgment as it is reported on Lawtel.

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2011

Sorry for my ignorance, but is the extract that you posted at the start of this thread sufficient for court?

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2011

Sorry for my ignorance, but is the extract that you posted at the start of this thread sufficient for court?

That extract was from Lawtel

It is the case report, as there were law reporters in the Court room recording in writing the judges judgments.

Any court will have access to the case report, and a print out of the case report above will assist im sure

[wishfullthinking]

Re: Phoenix Recoveries v Kotecha Jan 2011

what is this pending high court rulling you talk about pt

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2011

WE were invloved in a matter that was reserved to the High Court, as it involved numerous points which the High Court ought to deal with to give clarity to all concerned on those points.

There was Unfair relationship, defective default notice, breach of s78, breach of s62, 63 and most importantly s61(1) and 127(3)

The court has given its draft judgment but a application under the barrel jurisdiction has been made, so until that is dealt with the judgment remains confidential.

However, as soon as it is available you will get a copy.

[ncf355]

Re: Phoenix Recoveries v Kotecha Jan 2011

Aha, we await another dose of pure PT gold with due baited breath!

;-)

[basa48]

Re: Phoenix Recoveries v Kotecha Jan 2011

an application under the barrel jurisdiction has been made,

Do we know approx when the application may be heard?

It really is an eagerly awaited determination.

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2011

Do we know approx when the application may be heard?

It really is an eagerly awaited determination.

Its not as i understand it an application which will be heard.

If you look up Paulin v Paulin 2009 it sets out what the app is in there

It is something that we are simply asking the judge to clarify one point in his judgment thats all, we already have the judgment here,but it is confidential sadly till handed down

[basa48]

Re: Phoenix Recoveries v Kotecha Jan 2011

Its not as i understand it an application which will be heard.

If you look up Paulin v Paulin 2009 it sets out what the app is in there

It is something that we are simply asking the judge to clarify one point in his judgment thats all, we already have the judgment here,but it is confidential sadly till handed down

Wow what a tangled web that case was.

However it reads to me "the Barrell jurisdiction" allows a judge (given strong reasons) to reconsider and maybe even reverse a judgement prior to its handing down.

That is more than clarification.

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2011

Wow what a tangled web that case was.

However it reads to me "the Barrell jurisdiction" allows a judge (given strong reasons) to reconsider and maybe even reverse a judgement prior to its handing down.

That is more than clarification.

well it does, but we have just asked for one point to be clarified that is all,

[basa48]

Re: Phoenix Recoveries v Kotecha Jan 2011

well it does, but we have just asked for one point to be clarified that is all,

OK I'm no advocate, it is just I am very nervous this decision could seriously undermine a potential defence of mine based on a bad DN.

I have no patience

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2011

Thank you pt for this case. I was able to produce it in support of my successful arguments over missing prescribed terms.

[Lord_Alcohol]

Re: Phoenix Recoveries v Kotecha Jan 2011

Thank you pt for this case. I was able to produce it in support of my successful arguments over missing prescribed terms.

That's great news cymruambyth, but I don't suppose you could share something of your case here (eg, how you used the judgement?).

I'm doing my utmost to avoid court with an rogue bank - a killer argument could lay any prospective claim to rest.

TIA

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2011

That's great news cymruambyth, but I don't suppose you could share something of your case here (eg, how you used the judgement?).

I'm doing my utmost to avoid court with an rogue bank - a killer argument could lay any prospective claim to rest.

TIA

can also give them the time to formulate a killer reply too

Thats why i play cards to the chest

[basa48]

Re: Phoenix Recoveries v Kotecha Jan 2011

can also give them the time to formulate a killer reply too

Thats why i play cards to the chest

So keep it vague right up to skeleton argument, right??

BTW does a skeleton argument have to be submitted to the opposition, if so how long before the hearing.

I have a hearing date and date for WS / exchange docs.