Thanks cB

V

Hi Folks,

Can someone translate this for me please.

The parties shall make reasonable efforts to agree the contents of the trial bundle, to include all materials relied upon including a Case Summary and the Skeleton arguments and authorities and authorities supplied pursuant to this order, and the solicitors for the Claimant's shall produce such a paginated bundle and serve it on the Defendant by 4pm not later than 3 and not earlier than 7 days before the xx xxx xxxx at 10 am. The Trial Bundle shall be filed with the Court with sufficient copies for the Judge and any witness by 4pm on not later than 3 and not earlier than 7 days before the trial.

Question 1, What is a Case Summary and to whom should it be sent?

Question 2, Do I have to produce a Trial Bundle?

Viano

Bump

Thanks P,

It's as I suspected, I just wondered if I should tell them, or just let it run its course.

V

Hi P,

1) Down to the wire, they pulled out at the last moment, see my thread LBA from Optima Legal.

2) Yes, as I we were due in Court within 2 or 3 days.

3) Cabot.

Viano

Hi all,

As the title says, should I let it ride or tell them?

Viano

Hi cB,

Thanks for your rapid reply.

I've lost all my bookmarks (amongst other stuff) which had all the info gleaned from other CAGgers posts.

Do I set these skellies out in chronological order, or in relevance order, that is in order of importance ie no prescribed terms, no DN, final demand etc etc.

V

Hi again all,

Update of my situation!

I've lost all of my relevant (stored) info. so please bear with me.

The main questions,

1, how detailed do my skellies have to be, i.e. do I include every thing I'm

going to use in Court,

2, I have discovered several £hundreds of "charges" - late payment etc.

included in the claim amount, do I include this in the skellies, and how

do I introduce this,

3, there are also anomalies in their witness statements, can I use these as

well.

I aim to get this in the post for last post Friday.

Thanks in advance.

V

My skellies

Hi all,

Back in circulation again!

A minor update-'took WS to SCM, was told by a member of staff "don't be surprised if this is stayed as a lot are due to numbers and Courts all 'round the country are waiting for direction"

Then I received a letter to my 31.14 request for a DN.

I quote " We enclose a Default Notice template received from our Client now disclosed pursuant to CPR 31 11(2).

Further, we understand our Client has located an original Credit Cards brochure as referred to in paras xx xx-xx of the amended PoC's. This original brochure will be available at trial.

Now I ask , are they really going to rely on a template? - and if I take an original brochure of a Ford Fiesta can I make that available at Court, and, will it make any difference??

Comments appreciated.

Viano

Hi cb,

Fabulous thanks a million, that more than backs up x20s argument.

Back to cooking my dinner now!

V

Hi cB,

Thanks for the rapid response.

No, some where it must be laid down that if the Claimant does not have an original of the agreement to produce in Court then they do not have a case.

It's often said on here - no agreement no case - thats what I' looking for in black and white.

I've gone snow blind looking!

V

Good afternoon all,

Now, my opponents admit to having no copy of a DN, and more importantly to having destroyed the original aplication/agreement, what I am looking for is the definitive wording that says no original agreement no case. can some point me, please, to this information.

I'm sorry to ask such a basic question but at the moment I can't see the wood for the trees.

V

Ta!

Should I continue with mine and file on the current due date?

V

Tahnks cB.

Yes this is the second time!

V

OK, so now they are taking the pee!!!

From their Listing Questionnaire:

' Upon return to work I understand that the Claimant's Witness would be on annual leave until the 21st September 2009 which does not leave sufficient time in which to serve the Witness Statement by xx xxx xxxx. I respectfully request a further extension for exchange of evidence to 4pm on xx xxx xxxx'

Comments and advice please.

V

I have to have the checklist in by Thursday, so to keep on the right side of the Court that shall be done.

Should I, do you think, go for a SJ or go to the wire?

V

So, I file my Pre-trial checklist.

When should I apply for a Summary Judgment, and would that be on an N244.

Sorry to be vague, but this is new territory for me.

V

Hi Car, cB and others,

Before I apply for a Court Order I re-read their List of documents standard disclosure and apart from what I assume, are standard objections 'The Claimant objects to you inspecting these documents because they are by their nature privileged from production' bit they say:

I have had the documents numbered and listed below, but they are no longer in my control

1. Documents formerly in the possession, custody or power of the Claimant.

2. Original of Application form/Agreement which has been copied onto microfiche and subsequently destroyed.

3. Originals of all letters from the Claimant or its agents to Defendant and any third parties and any other documents which by reason of effluxion of time have been lost or destroyed, misplaced or cannot now be traced and/or re-produced.

The question: Should I continue and apply for the order?

And

When should I ask for strict proof of posting the DN (s)

V

Tanks for that Car.

I'll get that sorted and sent.

V

It is ordered that

1. The Claim is allocated to the Fast Track.

2. Both parties shall give standard disclosure to the other by way of list supported by disclosure statement by xx xxx xxxx.

3. The parties shall exchange witness statements of witness of fact exhibiting any other documents which are relied upon by xx xxx xxxx.

4. The Defendant shall serve on the solicitors for the Claimant a skeleton argument identifying the legal points and / on which he relies, including a copy of any authorities or provisions relied upon no later than 4 weeks before the trial date.

5. The claimants shall serve any skeleton argument in reply, including a copy of any authorities or provisions by not later than 2 weeks before the trial date.

6. Pre-trial Checlists/Listings Questionnaires shall be sent to parties by the Court by xx xxx xxxx and shall be returned completed to the Court by xx xxx xxxx.

7. The parties shall make reasonable efforts to agree the contents of a trial bundle, to include all materials relied upon including a Case Summary and Skeleton arguments and authorities supplied pursuant to this order, and the solicitors for the Claimant's shall produce such a paginated bundle and serve it on the Defendant by 4pm not later than 3 and not earlier than 7 days before the xx xxx xxxx at 10 am. The Trial Bundle shall be filed with the Court with sufficient copies for the Judge and any witness by 4pm on not latter tha 3 and not earlier than 7 days before the trial.

8. The Claim shall be listed for the Final Hearing with a time estimate of xx days on the xx xxx xxxx.

9. Costs in the case.

Dated xx xxx xxxx.

Car, that is it in full.

As noted earlier I have requested information under both CPR Part 18 and CPR 31.14, neither which I believe have been answered fully.

V

Hi Car,

Sorry for the delay.

When you say directions? The Order states Pre-trial Checklist/Listings Questionnaire shall be sent by the parties.... completed and returned by xx Sept 09.

What I am referring to is Q2 in form N170 Listing Questionnaire.

V

Hi again team,

As ever I am getting short of time, but I have to file my Pre-Trial checklist by the 17/9/09. Now in the main it is self explanatory but Q 2 asks 'I believe that additional directions are necessary before the trail takes place' 'If yes, you should attach an application and a draft order'

I believe that the opposition have not compiled with either CPR pt 18 or CPR 31.14 Should I include these as 'any orders needed in in respect of directions still requiring action'

By the way I understand that their request for an extension -see above-was not received by the due date, and the first the court knew about it was when I wrote (including a copy of their letter) to the Court agreeing to the the extension!

V

Bump