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ifoughtthelaw

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About ifoughtthelaw

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  1. Am feeling a little lonely on this thread!!! Witness statements now exchanged. Any advice please on 1) Filing a pre-trial checklist - does the court send this or do you get the form yourself and submit. Also - does the other side get copy? 2) How do you ask for the claimant's witness to attend court in person? Thanks, any help appreciated. x
  2. Can anyone tell me what is the procedure when you submit a witness statement for the main trial? Do you need to re-copy everything which has already been submitted and referred to as exhibits in the summary judgment? The witness statement is the same apart from a couple of points taken out as they are no longer relevant and a couple of points added in to reflect updated events. Any help appreciated - next stage for us is pre-trial checklist. Does the court send you this? x
  3. Can anyone point me in the right direction - should I attach copies of exhibits in mentioned in further witness statement for the main trial if the witness statement is the same (except for updated events at the end) as it was at the summary judgement? All copies were attached then, do I need to do it all again? Thanks
  4. Update: Claimants did attach paperwork on amended claim and OH submitted an amended defence. Had a claims management hearing and both parties are directed to exchange witness statements by next week. Do all the exhibits referred to OH the witness statement have to be copied again and attached to witness statement. copy to court and claimant etc? They were submitted and attached to the witness statmement for the Summary Judgement. How does it work for the main trial? The facts have not changed and there are a couple of alterations at the end taking into account recent facts. What is the correct procedure here? Thanks for any help please!!
  5. Fantastic thread Vjohn, I'm subbing to support your epic battle as we are in the same boat! I hope to see them fall on their sword of truth on Wednesday! Good luck with it, IFTL x
  6. Thanks Vjohn - I will have a read of that. Rhodium - yes, it was a witness statement from the claimant's employee verified with a statement of truth from the solicitors. The statement is/was false, and only done to get them out of a tight corner on another point. It was produced at the door of the SJ hearing and allowed in by the judge (despite protest). So now having produced it, it's going to backfire on them as it can be proved false. The problem is how to put it and it becomes tempting to say it strongly, but yes I agree it should be as diplomatic as possible and let the judge decide. Thanks again, good calming advice.
  7. I know we don't mention it and certainly not in court but...... What are the consequences for a claimant who introduces new evidence during proceedings that can be proved false and it becomes clear the claimant had known it all along but had tried to twist their way out of it? Is this misleading or deceiving and how do you put it to the court?
  8. Hi Bozalt, How did it go - what did you decide to do in the end and have you signed anything yet? IFTL x
  9. Sorry to hear this didn't go well for you Pipster and their behaviour is outrageous. This happened to us - Restons WS not served beforehand and never seen before the SJ hearing - Restons barrister even had the cheek to ask the court to hang on 5 mins after the hearing should have started while the fax was coming through......judge agreed and accepted it into the court despite protest from defendant (OH) who got told off!!!!! Then SECOND time a copy of t & c never seen before was pulled out at directions and allocation hearing - judge didn't know how to accept it in so allowed them to go away and amend POC instead..... Their costs shedule was posted day before the SJ which they had at court but arrived at our house the day after the hearing - so not seen until the day. So it seems REstons have FORM and are doing this all too often. Their own headed notepaper says in bold at the bottom 'Please note - we do NOT accept service of documents or proceedings by fax or e-mail.' They would be the first to complain if you tried it the other way round! How are they getting away with this - what can we all do to complain and who do we complain to? You must appeal somehow Pipster.
  10. Still awaiting amended poc by Roystons. Anyone had any experience of them amending a claim? If a claim is amended, will they have to attach all documents this time as it will not be coming though Northampton bulk centre? Thanks all
  11. Hello All, an update and some more advice needed please if anyone can help. At the summary judgment hearing, the claimant tried dirty tricks outside the court and presented a witness statement unseen beforehand. My OH would not accept this but the barrister went in anyway and presented it in court where it was accepted by the judge. OH protested it was not served properly and he was not given a copy. It got heated and he ended up annoying the judge who gave him a long lecture! This was their intention to simply fluster a LIP who does not know the procedures well enough. However, the judge eventually agreed condition 11 was not the same on the front and back of the document and it was an irregularity. Judge agreed with OH that Data protection had not been signed and copy of the recent terms and conditions were meaningless. So she just about allowed the summary judgment in OH favour. It is worth noting though that a lot of the defence had not really been read through by the judge who viewed it right from the start as 'well you've had the money.' When the judgment came through there was no mention of costs although the judge had agreed OH could have them, (then got distracted and went on to something else.) OH queried this and the court said to write in which we did and then we got a letter back saying no costs as it should have been dealt with at the time and the judge had concluded matters. So once again the Claimant was laughing in our face and got off the costs as OH didn't know the procedures well enough and had a judge who was clearly in their favour from the start. OH just had a Directions and allocation hearing and guess what? Outside the court for the SECOND TIME, OH was presented with another piece of paper showing an undated COPY of terms and conditions (from supposedly the time the account was opened that WOULD have been given at the time) UNSEEN until then. Same procedure, in they go and it gets shown to the judge (no copy to OH) - judge says I don't know how to introduce this now, OH says I'm not accepting as never seen it before and not been served on me and also isn't this a directions and allocation hearing and not the trial? Judge says well you've had the money (again) OH says Wilson, and it's not about that (claimant had varied the account in an underhanded way) - judge says 'the trouble is you are not a solicitor Mr.....' Judge then says well the claimant can amend his claim, and by the way (to the claimant) that means you can apply for another summary judgment. :confused: HOW ON EARTH CAN THIS BE CORRECT? OH should then amend his defence (does that mean he can't now counterclaim if he chooses to?) and must give his reasons as to why he has a defence with condition 11. HOW ABOUT THE REST OF THE ISSUES? Is he now restricted to only what the judge is directing? This seems to be letting the claimant off the hook and allowing them to do whatever they like whilst OH is not being allowed to defend his case:x:x Please anyone, what do we do next when we receive their amended POC? Does it all just start again? Should we be looking at getting legal representation when the courts are CLEARLY against LIP's and give so much leeway to the legally represented party who know the score? Thanks and have a good Easter all
  12. Hi again Still nothing from the Optimists - does anyone know if they are in contempt of court if they don't comply with the tomlin order? What would the procedure be if they don't forward the payment that was agreed and signed in front of the judge after OH agreed to counterclaim being dismissed? Can the counterclaim be re-instated? Where do we start from again, is it back to square 1 (here we go again) Thanks all
  13. Thanks Elsa and Underdog for your congrats, but it now seems I was premature in posting that this was all done and dusted! The claimant has not adhered to a tomlin order which they themselves prepared and was signed by all in front of the judge who directed them to make a payment to my OH by xxxdate. As this date has now passed what happens if they haven't complied? Does it invalidate the tomlin order? Thanks all, it's so tedious all this game playing! xx
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