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Imnotthere

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  1. So update is that status is defended, proposed to be allocated to Fast Track . Submit N181 (although one has already been submitted before the SJ application etc) + attempt to agree directions + file proposed directions (agreed or not)
  2. Thanks Andy, will digest that information. Not sure what you meant by CV though? Curriculum vitae? I don’t recall that being a part of any of the documents?
  3. That's a key point Andy, the signature on the "agreement" doesn't match the signature on the identity documents the claimant submitted in support, despite the identity documents being stamped as verified by the claimant.
  4. Ok, - so if there is an argument regarding the claimant holding a valid / enforceable agreement - any clauses contained in that agreement also become invalid? Or has the boat sailed there? Thanks for the link re costs, will have a read.
  5. I know, tell me about it, but I wanted the exact wording of the order in front of me before acting, it was said it could take several weeks to arrive. So there is no point to argue that application of English Law to Foreign Law contracts are fundamentally incompatible? And that it is not reasonable to try to apply one to the other? It was also said that "no further applications" would be accepted in regard to this case. Can you point me in the right direction on costs? I take that as a clear direction to pursue.
  6. Morning folks, I received this in the post last week, was expecting it sooner to be honest as the date for filing revised defense is this week. Any thoughts/ comments @Andyorch as to how to effectively & carefully respond to these specific points? I'm also interested in clarity as to what cost I could claim as an LIP. During the hearing it was stated that my original defence only just passed muster, so clearly it needs to be beefed up, probably using some of the additional (superfluous to) information I added with my SJ witness statement. I've also been researching rule 25.2 as I feel it is a pertinent argument to make with regard to such a claim TIA Order Redacted.pdf
  7. No problem Andy- Specifically, it was all a bit of a blur to be honest, in summary I believe he felt, as I asserted, due to the complexity it was not suitable for a SJ. I’ll advise specifics once I have the exact details, as not to mislead. I have to submit a revised defence, contestable points specifically relating to relevant points in non compliance with CPR and the remedy sought. It was clear that the judge was only prepared to review the case under merits of English Law, regardless of where the agreement was alleged to have been undertaken or the laws of that country.
  8. So the SJ was app was dismissed, just, but the SO application re my defence- "stayed" I think is the right term, pending me submitting a further revised defence within 6 weeks revised to clarify / address a number of points
  9. Thanks Andy, any other tips tips or advice ahead of this afternoon? I’m not really sure what to expect, so any pointers additional advice appreciated as always !
  10. Thanks Andy, you answered my next question as to how I would flag this. So in this instance- Should this revision have been filed with the court 7 days before, or 3 days ?
  11. I’ll have a read through that topic & yes you did say that Andy so CPR24 24.5 point 2 regarding written evidence in reply (I assume this applies to the secondary/ supplementary WS) These documents received on Saturday, hearing is weds PM, does that constitute 3 days?
  12. The covering letter states second witness statement Andy, but nothing in the un redacted version that states it as a supplementary statement or secondary statement. does it vary, I’m not sure it does other than the last point re costs. Id say that in the “secondary statement” they are giving a response to the points I have made in my WS in response to their original WS, trying do defend my arguments. i can upload their original WS again, if that would be of help as your input is appreciated as always.
  13. Yes they have Andy already submitted a statement in support of the original SJ application. they have submitted this supplementary/ second statement following receipt of a copy of my WS- which was written in response to their original WS submitted with theIr SJ application
  14. Fair comment Andy Enclosed.. Claimant supplementary WS Redacted (1).pdf
  15. Ok, so pushing their luck procedurally again then as the hearing is Wednesday PM and no agreement to add from me. what is your recommendation to deal with this please Andy?
  16. So I’ve had a second witness statement arrive this morning- not looked at it yet but will do & post up later. the hearing is next week- so doesn’t give much opportunity to respond to any points
  17. Thanks Andy, will re order as suggested any thing important/ procedural I need to add?
  18. Morning Andy / Everyone- WS draft enclosed if you can have a read / review / advise? I'll need to complete this and send this week as the court states 2 clear days before the hearing in their documents TIA All, I'm nervous about the whole hearing thing so any help / advise appreciated! Redacted witness statement.docx.pdf
  19. Ok, thanks Andy- so now just to prepare & submit my witness statement, detailing objections as to why the SJ application should be denied ?
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