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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.
  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 t
  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 al
  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. Howeve
  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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