Similar defence, an abuse of court’s process??

[tiokim]

I am ready to file my defence in court . My defence is very long and is based on a very similar case to mine and is very similar only adapted to my particulars. Could this be considered an abuse of the court’s process as the claimant’s representative are the same?

 

[assisted blonde]

Could you clarify what you mean by the claiments representative are the same. The fact that you defense is similar to another case can only be good as it shows precedent.

[Gilbert_O'Sullivan]

I think I know what you mean toikim, my defence is based upon some other member on here who had very similar circumstances-it is the same credit card and the same lawyers yet they discontinued as they knew they had only an application.

 

Why are they doing it again to me when they already know they are stuffed from experience?

 

It is an abuse.

[flyingdoc]

This is very interesting - I know that a DCA's rebuttal of a defence was that it was exactly the same as one off here - and the judge laughed them out of court.

 

If the opposition dared stand up and say "you are using defence from ----" my reply would be - yes and the fact that the court then agreed with this defence - only goes to prove that the points made are valid.

 

The issue of abuse of process is also interesting but there are so many nuances that can be explored I think it would be difficult to pursue that avenue

[tiokim]

Hi blode,

Similar defence(almost an adapted copy) I believe would not the same as a precedent in court. The solicitors that are representing the claimant in my case are the same as the ones that represented the claimant against the defence that I am using as the base for mine

[flyingdoc]

I dont think that precedent can be set in a court of first instance anyway - it has to be at least an appeal procedure to set a precedent.

 

I think - I stand to be corrected

[assisted blonde]

In that case if they lost the previous case they may well be better prepared this time, most defenses are based on previous cases and as far as i am aware the same defense can be used over and over again.

[assisted blonde]

Sorry didnt really mean to use the word precedent but Crown Mags and County courts do have to follow binding precedents set by the appelate courts however not all parts of a decision are binding. I think what I meant was that if a similar case has been heard then although there is not always continuity accross the board a defense that has been succesful once could well be again

[Gilbert_O'Sullivan]

If I were to continually use the court system bringing claims that people owe me money without any proper proof of agreement, which is what happens here, then I'm darn sure I'd be considered vexatious.

 

Isn't that so?

[flyingdoc]

I suspect that the courts would become fed up with hearing the same arguments about non-existant agreements.

 

Magistrates can be cranky

[tiokim]

Great responses. I feel confident enough to file my copied defence now!! Many thanks all:D

[surfaceagentx20]

Good. And remember the Brian Carters et al of this world rely on tasteless templates to give their battery-fed droids to mince up three line defective Particulars of Claim for Northampton a bazillion at a time, merely replacing 'this' agreement number, or figure or date with 'that' one. At least the templates you'll find on CAG are organic.

 

x20