JohnnyBoyUK
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Everything posted by JohnnyBoyUK
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Defendant 2 sent a Witness Statement on 4th March. deadline date for replying was 9th March. So why not file a defence in time? Why use "wrong address" as an excuse? It seems like misleading the Court
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Defendant 1 filed a defence in time. They have asked for amended defence. They have yet to get permission Defendant 2 did not file a defence in time. Just learnt extended defence awaiting approval. To date judge has not approved amended defence for 1 or late defence for 2
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Defendant 1 has not got my permission to amend defence nor to date from a judge https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17
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Defendant 1 filed an amended defence a week after deadline. A judge or myself have to agree. Right? My claim may be weak but their practices seem dodgy.
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I have sent my DQ The Defendants were 1 and 2 not joint. Defendant 2 received an extended defence. She pleaded extra time because it was sent to wrong address. It was sent to her office (dont have home address). I was not given notice of this request. Judgment against her failed as she got extra time claiming "wrong address". Defendant 1 was to same office. They filed in time. So did then defence team. Defendant 2 completed a "witness statement" which was received in time - but not a defence. So why allowed extra time? This seems dodgy.
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They have drawn up the Consent Order so I assume they pay. Thanks for your replies
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They have drawn up a draft consent order and are going to send me a copy to sign. I assume from them?
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Would I be left with their lawyers fees if I accept a Strike Out?
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section 3.4 of cpr. My claim bound to fail as I didnt give proper legal basis
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The Consent Order is to accept a Strike Out
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Do you mean? Yes as good as it sounds No catch Or Yes and No to both parts?
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Can you explain?
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They being the defendants lawyers. Is No Order to Costs as good as it sounds or is there a catch?
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The are proposing I accept a Strike Out but with no order to costs. Does this mean no charges at all Court fees and lawyers fees.
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How much could costs be and what if you can't pay? My Directions Questionnaire is due next week. Should I send a statement\rebuttal with that? The Defence has asked a judge to extend the time for one of the defendants. Both defendants are at the same address so I can't see how one an reply (with a vague defence) and the other not at all. They hired lawyers after I asked for a Judgment on Defendant who didn't respond. Their lawyer saying my claim wasn't detailed enough. It was concise and laid out my case and what remedy ie damages I wanted. How likely would a judge just strike it out? Would I be asked to give further details?
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If you lose a strike out do you have to pay legal fees not just court fees? Even if small claims How should you respond to a strike out application? If your oponent was late with their defence isn't that grounds for them being struck out?
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Indirect Discrimination or just plain drunk?
JohnnyBoyUK replied to JohnnyBoyUK's topic in General Legal Issues
^ yep. I agree, you can't ban who you like....on the mental health issues or odd behaviour eg tourettes what might seem anti-social could be quirk someone can't control. Or with kids bad behaviour excused if it's ASD or whatever. Yep, people may have depression but surely that doesn't give green light to make a scene in a pub? Anyway doesn't booze make people depressed?- 7 replies
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If a pub bars a person for making calls to the police and threatening suicide - would it be indirect discrimination to ban them (disability/mental health is a protective characteristic) Or could pub argue the fella was drunk and they were banning him for that. Would a ban for such an incident be disproprtionate?
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Thanks for the reply...I guess the issue is over. I do sometimes have doubts about the settlement. My heart says I should have continued but my head said to settle - especially as the University was offering a financial settlement. On the Court Order there is a Recital Section in which it is confirmed that the University offered an Agreement 4 days after receiving a Draft Court Claim. The links below, helped make me decide to settle..... Statistics: only 3% of claims go to a Full Hearing https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/382592/civil-justice-statistics-quarterly-july-to-sept-2014.pdf Requirement to settle out of court https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct Discrimination cases http://piperhoffman.com/2010/08/09/the-top-ten-myths-and-facts-about-suing-your-employer-for-discrimination/
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I was in a legal dispute with a University over a discrimination issue. It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University. In the Order it stated the matter against the Defendant was concluded. I have a couple of queries... 1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals. I am not looking for financial award just a declaration of victimisation. All documentation and Court papers has the Defendant as this particular University. 2) The Defendant was ordered (by consent) to pay damages - but without admission of liability. Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'.
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