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wildcolonialboy

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About wildcolonialboy

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  1. Just a normal LLB student at the moment. Thank goodness for that though, having access to these resources is a lifesaver. I would be absolutely stuffed if I didn't have access to Westlaw. I am trying to hold down my inherent studenty tendencies to treat every hearing like it's at the High Court. Then again, my case is one where there really is no dispute of fact and where the question of whether the particular type of data disclosed constitutes personal data or sensitive personal data, whether there is an overlying duty of confidence and an underlying protection from misuse of private inf
  2. That makes sense too, and that's what I concluded the first time around when I considered making an application. I don't want to litigate it too aggressively, and as you say, the judge will see that the defendant has still not complied when the appeal hearing occurs. Frankly, I think it's bizarre that they haven't made any effort to do so. Given they also didn't comply with the pre-action protocol, they filed their defence late (they made a successful application for disclosure of a document they pleaded was *vital* for their defence so they could have an extension of the deadline, but of
  3. Oh and just regarding my friend, I won't ask him for four reasons. The first is that the data that was disclosed by the defendant relates to my personal life and things I would rather he (and in fact anyone) didn't see. The second is that I'm not sure how much time he could actually devote to it given he's at a top three set and he has plenty of his own work to do. He has given me some pointers and advice when we catch up for dinner or a drink, and that is helpful, but it would be a considerably greater imposition on him to ask him to represent me and I don't think friends ask for freebies lik
  4. Oh and on that aspect, when I filed my appellant's notice on the 22nd September (the due date for me to pay the 750, but also the due date for DJ's order that parties file and serve witness statements.. I filed mine on that day.. as you know, the defendant still has not complied to this day), in addition to filing the appellant's notice I also wrote a letter to the DJ (asked the court staff to pass it on to him... and sent a copy to the defendant) outlining the full circumstances and asking him to set it aside on his own motion. I think part of the he vacated the hearing for November 18th
  5. Sorry if I was a little bit salty in my reply, I felt some of the responses were slightly patronising though in fairness yours was not. Excepting the witness statement requirement I had been absolutely diligent in complying with all the deadlines. And in hindsight it looks like my intuition on the course of action, that I shouldn't just accept the 750 quid costs order, was correct. The DJ was not capable of having regard to the conduct of both parties (as the CPR requires) because he was not fully aware of the defendants non-compliance. I also think the case is somewhat complex legally, i
  6. It was definitely filed at the right centre (my case was in Lambeth County Court which is the designated appeal centre, at least for the receipt of appellant's notices.. they then go to a circuit judge at the RCJ). I filed my appeal notice before the deadline (hearing was on September 8th, thus a deadline of 29th September). Apparently they lost the documents, even though I resent them (both physical and electronically) and they just sat on someone's desk for weeks. I called up about a week ago, absolutely livid (the same day I filed my appeal bundle), that nothing was happening. Spoke to
  7. An update on my case. I received permission to appeal, the original DJ has transferred the case to Central London County Court, vacated the hearing of November 18th and ordered that the defendant's application for an unless order be heard only after my appeal has been determined.
  8. You seem to be confused. Witness statements are not required on the small claims track, except where the judge orders that they be served. In this case, the judge ordered both parties to serve them. As for "Its not really acceptable to rely soley upon oral argument". Except, of course, where it is; many small claims proceed without witness statements. My further particulars of claim fully outlined the legal basis of my claim, there are no additional issues being raised. Both the defendant and I essentially agree on the facts and the legal question; the only issue is our differing interpre
  9. Actually, in the small claims track there is no requirement to serve a witness statement, although the CPR provides for the judge to require parties to serve witness statements. The defendant doesn't necessarily have to serve a witness statement, except of course where the judge has made an order that they do serve a witness statement, which is the case here. I don't mean to be rude, but you guys might read my posts before offering advice. I have already filed my N164 and grounds of appeal on the 24th September. So.. not out of time. In any case, I'm not entirely sure yo
  10. Can you elaborate on that. I'm not sure why the fact the case has yet to be concluded would make opposing their application for an unless order the correct course of action. If by challenge you mean oppose, then of course I will be opposing their application at the hearing in November, in addition to my appeal. But in terms of the order itself, the only way to overturn it is to appeal. Where the sanction imposed is a costs order then the only way to challenge it is by way of appeal, you can't apply for relief from sanctions. Given all the circumstances and the advice I've received from legal p
  11. My issue with the order is that one side hasn't caused unneccessary costs to be incurred. Even if I had served the witness statement, the defendant would not be ready to proceed as they had not served theirs either. And even if the defendant had served theirs, the court wouldn't be ready to proceed according to the judge due to insufficient amount of time listed. Therefore you could say I am perhaps 33% responsible for the adjournment, but held 100% responsible for them. It seems extremely odd that I would have a costs order against me upheld and an unless order made again
  12. Cool username by the way. Off topic but I thought you may appreciate (if your interest is as a classicist rather than astronomer) this Thorvaldsen sculpture on the classical motif of the rape of Ganymede. I think it's really quite moving, the way the lad is dealing with the eagle almost resembles tenderness. http://blogs.denmark.dk/mariavittoria/files/2012/08/ThorvaldsenZeusGanymede1817-29Minneapolis1-web.jpg
  13. What happened was the court listed a small claim I had made against a company for an hour. The original directions order said that both parties should file and serve witness statements. A couple of weeks before the hearing, the defendant's solicitor (I am proceeding as a litigant in person) emailed me to say that they would not be filing any witness statement,that they would not be calling any witnesses and that they would be relying on documents they had disclosed. My case was also based on documents they had disclosed (there was no dispute of fact between us), I assumed
  14. Greetings. I filed an N164 asking for permission to appeal about a month ago. I haven't heard anything back yet. I was wondering... is the N164 form, where you tick "I ask for permission to appeal", essentially a request to the district judge who has the case for permission? Or is the N164 with that option ticked essentially an appeal notice that will go to the circuit judge where they will decide on permission to appeal? I would like to proceed by filing an appellant's notice and ticking "No" in answer to "Has permission been granted?". Any thoughts?
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