Judgment & Beyond ~ Budgie Vs Capital One

[scoobydoo]

Re: Judgement Reserved ~ Budgie Vs Capital One

Fantastic news ,and as EXC said "respect" for all the research and work you have done. You are an example to us all.

WELL DONE!!!!!!:grin:

[jax007]

Re: Judgement Reserved ~ Budgie Vs Capital One

Oh Bud BLOODY WELL DONE Hun!!

I guess CAP1 can't appeal yet anyway until after the next hearing when level of CI is determined??

Are you able to claim back all your charges in full?

I echo what Exc has said ... you really are a credit to us all and your own determination, drive and sheer hard work has hopefully got you the result you wanted and will enable the rest of us to march on just as determined!!

I really wish I could understand the legal speak like you do (yes, yes I have read ... reread ... and read again but still just don't get it!). I have tried reading latest OFT decision to find your 'loopholes' but I can't even understand what I'm reading let alone pick up on loopholes. Nevertheless I shall plod on and try again.

Well done again hun!
jax

[enaid]

Re: Judgement Reserved ~ Budgie Vs Capital One

This must have been a great trill for you to get this result. We know you have been pecking away at this for some months now. Something must have rang your little bell about this and you have scratched away till you got all the answers you required.
You have gone to the top of the ladder now and you must look in your mirror and say
"Who's a clever little boy then?"
You are Budgie well done Enaid xx

[WendyB]

Re: Judgement Reserved ~ Budgie Vs Capital One

How do I follow that????

Well Done Bud for all your hard work.

Wendy xx

[Sapphire]

Re: Judgement Reserved ~ Budgie Vs Capital One

This must have been a great trill for you to get this result. We know you have been pecking away at this for some months now. Something must have rang your little bell about this and you have scratched away till you got all the answers you required.
You have gone to the top of the ladder now and you must look in your mirror and say
"Who's a clever little boy then?"
You are Budgie well done Enaid xx

Now you all know what I have to contend with during my early morning chats with Di ! There I am trying to be serious and she comes up with things like her remarks above.
Good god what are we to do with the woman ? pmsl.

Well all I can say to that Budgie is 'whose a pretty boy then' ?

[fuzzybrain]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well done Bud, that's brilliant news. Can't wait to hear all the details. Congrats on all your hard work, the victory is very much deserved.

i shoudl imagine cap 1 aren't dancing for joy right now!! What a shame

[scottishlass]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well done Bud

It is very well deserved, you have worked so hard on this.

[ROBSTER]

Re: Judgement Reserved ~ Budgie Vs Capital One

Congratulations you deserve this result, makes all the waiting and angst worthwhile!

GOOD FOR YOU & GOOD FOR EVERY OTHER CLAIMENT !

[EXC]

Re: Judgement Reserved ~ Budgie Vs Capital One

A certain TB was extremely impressed.

[Budgie]

Re: Judgement Reserved ~ Budgie Vs Capital One

Sorry folks, but there is a bit of a delay now before anything else will happen on this claim.

The Handing down of Judgment hearing and assessment hearing will take place towards the end of November.

In the meantime I have to follow the CPR with respect to reserved judgments.

So, next actions for me include :

1) Advise the Court of any proposed changes or corrections to the Draft Judgment.
2) Seek to agree any draft orders with the Defendant prior to the handing down of Judgment and inform the Cout in the prescribed manner.

So, unless Cap One decide to put their hands in their pockets and agree a settlement with me, in line with my expectations, it looks like I have another few busy weeks coming up to try and get everything sorted in time.

I was actually quite hopeful of seeing an end to this before Xmas, but that chance seems to be disappearing fast.

Extract from CPR

Availability of reserved judgments before handing down

2.1 Where judgment is to be reserved the judge (or Presiding Judge) may, at the conclusion of the hearing, invite the views of the parties’ legal representatives as to the arrangements made for the handing down of the judgment.

2.2 Unless the court directs otherwise, the following provisions of this paragraph apply where the judge or Presiding Judge is satisfied that the judgment will attract no special degree of confidentiality or sensitivity.

2.3 The court will provide a copy of the draft judgment to the parties’ legal representatives by 4 p.m. on the second working day before handing down, or at such other time as the court may direct.

2.4 A copy of the draft judgment may be supplied, in confidence, to the parties provided that –
(a) neither the draft judgment nor its substance is disclosed to any other person or used in the public domain; and
(b) no action is taken (other than internally) in response to the draft judgment, before the judgment is handed down.

2.5 Where a copy of the draft judgment is supplied to a party’s legal representatives in electronic form, they may supply a copy to that party in the same form.

2.6 If a party to whom a copy of the draft judgment is supplied under paragraph 2.4 is a partnership, company, government department, local authority or other organisation of a similar nature, additional copies may be distributed in confidence within the organisation, provided that all reasonable steps are taken to preserve its confidential nature and the requirements of paragraph 2.4 are adhered to.

2.7 If the parties or their legal representatives are in any doubt about the persons to whom copies of the draft judgment may be distributed they should enquire of the judge or Presiding Judge.

2.8 Any breach of the obligations or restrictions under paragraph 2.4 or failure to take all reasonable steps under paragraph 2.6 may be treated as contempt of court.

2.9 The case will be listed for judgment, and judgment handed down at the appropriate time.

Corrections to the draft judgment

3.1 Unless the parties or their legal representatives are told otherwise when the draft judgment is circulated, any proposed corrections to the draft judgment should be sent to the clerk of the judge who prepared the draft with a copy to any other party.

Orders consequential on judgment

4.1 Following the circulation of the draft judgment the parties or their legal representatives must seek to agree orders consequential upon the judgment.

4.2 In respect of any draft agreed order the parties must –
(a) fax or e-mail a copy to the clerk to the judge or Presiding Judge (together with any proposed corrections or amendments to the draft judgment); and
(b) file four copies (with completed backsheets) in the relevant court office, by 12 noon on the working day before handing down.

4.3 A copy of a draft order must bear the case reference, the date of handing down and the name of the judge or Presiding Judge.

4.4 Where a party wishes to apply for an order consequential on the judgment the application must be made by filing written submissions with the clerk to the judge or Presiding Judge by 12 noon on the working day before handing down.

4.5 Unless the court orders otherwise –
(a) where judgment is to be given by an appeal court (which has the same meaning as in rule 52.1(3)(b)), the application will be determined without a hearing; and
(b) where judgment is to be given by any other court, the application will be determined at a hearing.

Attendance at handing down

5.1 If there is not to be an oral hearing of an application for an order consequential on judgment –
(a) the parties’ advocates need not attend on the handing down of judgment; and
(b) the judgment may be handed down by a judge sitting alone.

5.2 Where paragraph 5.1(a) applies but an advocate does attend the handing down of judgment, the court may if it considers such attendance unnecessary, disallow the costs of the attendance.

[TANZARELLI]

Re: Judgement Reserved ~ Budgie Vs Capital One

Budgie, if Cap One decide to cut their losses and pay out what you require what happens then?

Obviously as its been to hearing the judgement still stands, but you still have not thrashed out the level of CI and it would be interesting to see what comes of this thrashing out.

Also whats the likelyhood of them appealing?

[Budgie]

Re: Judgement Reserved ~ Budgie Vs Capital One

Hiya Tanz


quote=TANZARELLI;85828]Budgie, if Cap One decide to cut their losses and pay out what you require what happens then?
Then Budgie will have a very good Christmas. Although he intends to have a good one anyway.

Obviously as its been to hearing the judgement still stands, but you still have not thrashed out the level of CI and it would be interesting to see what comes of this thrashing out.
Yes, strangely I am actually looking forward to it.

Also whats the likelyhood of them appealing?
I suppose it depends on how the handing down and assessement hearing goes. I guess they have the usual period within which to seek permission to appeal. [/quote]

[TANZARELLI]

Re: Judgement Reserved ~ Budgie Vs Capital One

Obviously as its been to hearing the judgement still stands, but you still have not thrashed out the level of CI and it would be interesting to see what comes of this thrashing out.
Yes, strangely I am actually looking forward to it.

Yeah if only to see what the judge awards if you get what I mean.

[Budgie]

Re: Judgement Reserved ~ Budgie Vs Capital One

UPDATE :

Handing down of judgment and assessment of damages hearing is on 24th November at 2PM.

Budgie

[Amethyst]

Re: Judgement Reserved ~ Budgie Vs Capital One

Luverrly jubberly xxxxxxxxxxxxxxxxxxxxxx