scubatony
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I have submitted my "Disclosure Reports" the first one I signed it, after I amended my claim I changed the second one I forgot to sign it. Basically on both documents there is my name,address,email address and landline telephone number, both of these documents have been emailed to the Court and the Defendants Solicitor. The reason for this thread is the Judge is trying to throw the second "Disclosure Report" because it was not signed. I contend the following; Disclosure Report number one and two are laid out exactly the same ( same amount of pages and numbering etc. ) my name,address,email address and landline telephone number, are on both of these documents. I hope that makes sense
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I am a claimant, and I am looking for a CPR or Practice Direction that says an email address is classed as a signature if it has come from that person. i.e Mr Joe Bloggs sends something to the Court and the Defendants from his email address and the attachment shows his email address at the end of the document. So basically we have [email protected] on the email header and [email protected] on the attachment, can that be classed as a signature and if so, is there a Practice Direction or a CPR. The closest I have found is Practice Direction 5c Signature 9 but it really does not fit my needs My apologies to Mr Bloggs
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Hi there People Can an email address be classed as a signature ? I have found something from William Robbin who is a solicitor in Keystone Law's corporate team. http://realbusiness.co.uk/article/8106-digital-signatures-are-they-considered-legally-binding Has anybody got a CPR or a Practice Direction please. Tony
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Hi There Thanks for that, this makes my job a whole lot easier.
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Just while I think about it, does anybody have a template for a case summary ? I already have template for my "skeleton argument"
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Hi There Thanks for getting back to me. Just two more posts from me then I can send you the PM. Once you see the content then you will understand.
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Hi there Honeybee Due to the sensitive nature and the impending Court date, I do not want to give to much away on an open Forum. I am sure that you will understand. Tony
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Hi There I have tried to send you a PM about but I need 15 posts I only have 10, now 11. If you were to send me a PM could I reply back to it ?
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Thanks for that Do you have a link please so that I may put it down in the correct format ?
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Thanks for that 5.7 (1) A case summary: (a) should be designed to assist the court to understand and deal with the questions before it, (b) should set out a brief chronology of the claim, the issues of fact which are agreed or in dispute and the evidence needed to decide them, © .should not normally exceed 500 words in length, and (d) should be prepared by the claimant and agreed with the other parties if possible. The District Judge in his infinite wisdom for my claim has deemed that I write 250 words, it currently stands at 493. This trial is set to last 4 days 2nd,3rd,4th & 5th September. This can't be summarised in 250 words, I have severely struggled with 493 Now this begs the question, when I submit my "case summary" do I blatantly quote the following; In line with Practice Direction 29 5.7 (1) I hereby submit my case summary (493 words) for your perusal and risk his wrath or buy a sharp knife and find somewhere to . . . . . . . . . . . stab myself ! ! only joking
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Hi There everybody I have two questions to ask; Does anybody know the "Practice Direction" on case summaries ? Does anybody have link, to a case summary template for use in a multitrack claim ? Any advice would be really good. Thanks in advance Tony
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Two people (Mr B & Mr R) were prosecuted in the Crown Court and found guilty, I was one of the victims, but I did not get any compensation, so I am bringing in my own civil claim against the two guilty parties. Mr B & Mr R's Solicitor is using three statements (there were more, but he has gleaned the best) that was used in the criminal case as part of his disclosure against my claim. I do not want to give personal details, but anybody who knows me will know the case.Please do not ask me if it is a particular case, because I will neither confirm or deny it. Basically, all that I am asking is answers to numbers 1 to 4 If you know me send me a pm
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http://www.legislation.gov.uk/ukpga/1995/38 Now printed
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http://www.legislation.gov.uk/ukpga/1995/38 Now printed
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I am the claimant ! ! !
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Thanks for that, I had just printed it out. (4)Where in any civil proceedings the contents of any document are admissible in evidence by virtue of subsection (2) above, a copy of that document, or of the material part thereof, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown. That takes care of item number 1 What do you think to items 2,3 & 4
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I am a litigant in person and the Defendants Solicitors have served upon me three witness statements. Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty. I have several problems. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ? All of them state 10 pages and the last page is missing. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue). Several of them have crossings out but are not initialled. Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at.
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Hi There people First a bit of background I used to run my own business and as is the norm I have taken people to County Court to recover money on unpaid Invoices etc. Now onto the meat. I have a Case Management Conference ( C.M.C ) coming up on the 18th June and in all my dealings with County Court Claims I have never had a "C.M.C " before. From my research I believe it is to determine how the case will progress. I have already setup a three way conference call with a Court recognised telephone provider My questions are as follows; I have issued a claim against two people, but the C.M.C is for one defendant, but both have submitted a defence and both are represented by the same brief. What will the Judge ask initally ? As I do not want to give to much away at this stage of the C.M.C.what should I say and what should I not say ? I intend to use a precedent, do I use it at this stage of the C.M.C or when I get to Court ? Any help would be sincerley appreciated
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