Hi

I just finished a statement of evidence and the fees of £335 needed to be paid by 21 January 2019 and the hearing of the claim will take place on 18/02/2019 at Kingston-upon-thames county court. My question is:

1 ) The notice of allocation was sent by Croydon county court and the hearing is will be at Kingston-upon- thames county court. Do I write in my statement of evidence Croydon county court or Kingston-upon-thames county court?

2) Could I send the document to Others parties after paying the fees ?

Thanks for your assistance

Noumidia

Kingston-upon-Thames...as thats were the hearing will be held.

" Could I send the document to Others parties after paying the fees ? "

Document ?

Hi Andy

I mean the court bundles, do I send them to other parties in the same time when I paid for my fees ? or I still have 14 days before the hearing which is on 18/02/2019.

Noumidia

You send your disclosure and statements as per the court directions dates stated within the Notice of Allocation.

Hi

Could I pay the court hearing by phone or online? as I am working during the week I am unable to pay the fees over the counter.

Noumidia

Most now take payment over the phone...give them a ring

Thanks Andy, I will give them a ring tomorrow otherwise I will go to the court and pay over the counter.

Hi

I just finished the court bundles and collecting all the evidence and need to be send to the court and a copy to the defendant . Here is the statement of evidence. Before I send it could anyone have a look at it if I missed something.

Noumidia

Statment of evidence ## Dummy.docx.pdf

Hi

I have not received any bundle from the defendant as the court suggest the bundles should be exchanged 14 days before the hearing (18/02/2019). Does it meant, that the court will reject any evidence sent after the date of the bundles exchange,

Regards

Noumidia

Inform your court hat the defendant has failed to comply with their directions...ask the court to impose sanctions.Check with the court if they have fled it with them.

Hi Andy

Thanks Andy, I will phone tomorrow to find out. I sent my bundles to both parties and I tracked the delivery and was received on 01/02/2019. The only defense they have is dated (12/01/2018) which they send to defend the case after after I filed Poc against them last year.

Many Regards

Abdel

Hi

Today, I phoned the court enquiries line to find out about if the defendant has sent his bundle, the court received an account statement yesterday but i have not received anything from them. however, I told to the court enquiries they missed the deadline and they failed to comply with their direction and I asked the court to impose some sanction against the defendant. I was advised to write directly to Croydon County court to inform them that they missed the deadlines to send their bundles.

Is there any template letter for informing the court that the defendant failed to comply with their direction?

Noumidia

no

what you have said is ok

Just add the dates what and by when and Directions Order date....DJ name.....impose sanction pursuant to CPR 3.8

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.3

Andy

Hi Andy

Do you mean by (....DJ name.....) the name of District judge and if yes , this mean the letter should be addressed to the judge.

Noumidia

Yes the name of the judge in your case that issued the directions...not necessarily addressed to him the The County Court will suffice.

Hi

My case was dismissed by the judge xxxxxx as the defendant argued that the claim was over 6 years and the judge made a decision on the basis that Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council does not apply to my case as there were no mistake of law. I feel the judge was little lenient toward the defendant, first he accepted their statement on the day and the lawyer handed me a copy which I had no chance to go through it. So the judge overruled the Rule 3.4(2)© of the Civil Procedure Rules.

Noumidia

Noumidia

Out_of_Time_-_Recent_Developments_in_Limitation_-_2013-1.pdf

Hi

The second link does not work. I guess my case is over unless I find some new evidence relating limitation act 1980

Links corrected

Hi

Could I appeal against the decision, if yes from where do I start?

Noumidia

You could but it would possibly be a waste of time and money.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52b-appeals-in-the-county-courts-and-high-court