Imnotthere
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Just an update Not much has happened for a while - I guess that’s the backlog in the courts. anyway I have received the allocation (fast track) and a trial date for July. The court have rejected the claimants request for the use of an expert - which the claimant has submitted a further application for this to be reconsidered. I’m just preparing the disclosure of documents to submit- I don’t feel like I have much that I need to disclose or that might be relevant? in terms of documents, I only have the copies that the claimant submitted, my previous witness statements etc from earlier stages. any advice on this please @Andyorch TIA
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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.
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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
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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.
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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.
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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
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