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Incontro

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Everything posted by Incontro

  1. does that ruling also apply to normal county courts though? it's says business and property court, i believe they are a special branch? i guess i must return home to check post then, just in case? currently not at home (registered address), as staying with a family member.
  2. is there any change in procedure in small claims hearings yet, due to the ongoing covid situation? im guessing not, currently. if not i hope it won't be too crowded in there? actually a bit worried. below some interesting reading: https://www.google.co.uk/amp/s/www.nytimes.com/2020/03/20/nyregion/coronavirus-new-york-courts.amp.html when/how will i find out when my hearing is 100% confirmed on the planned time & date?
  3. Already sent after a proof-read and some minor changes. I don't have a printer at home, and was out and about today, so today was ideal for me to send. Thanks to all that helped. I spent a lot of time and effort preparing for this, and also did a lot of research. Lost countless evenings and multiple weekends. However at least I'm now confident I have a reasonable chance at winning. If I have any questions about the day, I'll post up here. In the meantime, any pointers/tips on what to mention on the day (in terms of talking points) can be useful.
  4. No, because instructions are for recipients to receive copies fourteen days in advance of hearing date. Latest I can leave it to is tomorrow before Royal Mail last collection time, but I’m not risking and sending it today.
  5. All the signage is included in the pdf i (wrongly) labelled 'claimants WS' on page 5 of the thread. This same extract of the signage was presented in the WS. The claimant also provided photos of some of the signage in their actual WS, obviously not in this thread yet, will post this up asap. As you can see from my WS I'm intending to dispute one of the signs. Also, any guidance in relation to changes you'd recommend I make in point 8 in my WS will be appreciated.
  6. Would rather you mention a specific exhibit that you're after (aside from maybe the landowner contract which I'm hesitant on disclosing due to confidentiality reasons), since there's pages and pages of the stuff. Let me know which ones you want, and I'll post up. Obviously there's NTKs you've already seen, LBA letters you've already seen and pages and pages of Beavis arguments, which are irrelevant, since I'm not even going to bother disputing that angle (genuine pre-estimate of loss etc.)
  7. Attached is updated WS, if you could please review, and provide some feedback, I'd be really grateful! I'm going to post this tomorrow. actual-draft - public - v2.pdf
  8. Thanks EB. Just a question - can I quote civil cases in my WS where there's no publicly available transcript? I'm guessing the answer is no?
  9. Hi, hope everyone's doing fine. Court date is getting nearer and nearer, the date for submitting my witness statement even more so (I am going to submit by mid-week this coming week). Here is an initial yet substantial draft - it's still a work in progress - I am going to add more one or two more points/arguments to it, do some tidying up, and of course proofread it all Any tips/suggestions, additions/fixes are greatly welcome. Claimant's WS has just arrived too, I've had a quick gander through it, nothing sticks out to be honest, apart from the
  10. Thanks, will do. By the way when you say "the claimant has done just that in their WS", what do you mean exactly? The claimant hasn't served their WS on me yet.
  11. Certainly have. It's a mixed bag to be honest, hence why I asked. Sure most of them do state some amount of facts, but I'm not sure whether it's appropriate to do what I mentioned above ("quote legislation, or provide excerpts of it, OR go into case law, and explain how that applies in this case"), or generally speaking to provide my interpretation of the law.
  12. Been sick for around two weeks, but been putting pen to paper, making good progress on it lately, and starting to form some substantial arguments. That said - my understanding is I have to file a numbered witness statement, and not a full defence or skeleton argument. Therefore I assume it cannot be too lengthy or argumentative - i.e. I cannot quote legislation, or provide excerpts of it, OR go into case law, and explain how that applies in this case? I don't know where to draw the line. Even if I do summarize/trim the witness statement far more than wh
  13. hi dx, The only thing I did on my own was the letter offering PE the opportunity to settle out of court for a much lower sum, which was correctly marked as 'without prejudice'. I have my own personal reasons for doing this to free up time for other matters, I am happy to PM you should you be interested to learn more (which I doubt you are). We are well past that stage now, and obviously given your (and other forum members such as EB) great experience in dealing with such cases, I am ready to follow your advice, as I have been for all other steps along the way. And most
  14. PE Exhibits (showing signage, car park layout etc.), as sent in their response to my defence. Sorry for the late reply. I will start wording up draft witness statement (by bullet points) this weekend. In the meantime, any tips/pointers for my WS will be hugely appreciated. Claimants_WS.pdf
  15. I think you are confusing some things here...? PE did NOT send a response to my defence (the MCOL defence submitted, that you provided advice on). Their response was to my letter (which was in response to their Letter Before Claim) Hope that makes sense
  16. no i submitted your suggested defence almost word for word yep, it's waffle indeed, most of it isn't even relevant to this case ok, will also post that up with the exhibits soon, but i think it's either an admin error on their end, or just a standard template doc sent out without much regard, there's nothing pertinent in there double checked my letter (the one EB advised on), and yes certainly did mention byelaws and lack of keeper liability
  17. Witness statement: The particulars are first few pages which are in link above, then there are copies of docs/claim forms prev sent to me (not included), then there are exhibits (site plan, copies of signage) - will post the exhibits up soon.
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