Quick query re: Summary Judgement hearing.

[Zak464]

Hi all

 

I have a hearing for a summary judgement on the 4th February.

(Claimant is MBNA/Restons re: credit card debt)

 

I know I have to prepare a witness statement refuting each of the claimants claims in their application and am working on this.

 

My query is, I believe my witness statement has to be filed at least seven days before the date of the hearing but is this normal days (i.e. including weekends) or just working days?

 

Also do I send my witness statement to both the court & the claimants solicitors?

 

Many thanks for any help with this.

 

Cheers

 

Zak.

[GhostDebt]

I would assume working just to make sure it gets there in time, although I believe it is calendar days.

[vjohn82]

You should serve a copy to the Claimant, to the court and keep two behind for yourself.

 

One to refer to in court and the other to give to the Judge in case it isn't in his bundle.

[Zak464]

Thanks for your help GhostDebt & VJohn

 

Much appreciated - Witness statment now prepared and in the post.

[kel123]

Zak make sure you play the correct game here!

 

You are not going to trial!

 

Basically you are showng your hand to see if you have a chance at trial! slightly different

 

A skeleton argument may be a wise thing to do on the day - hand it in to the court on the day, atleast 30 min before the start time. Remember it is about what you are going to show/prove at trial. So include statements like: At trial the defendant will prove using well established case law [xxxx v xxxx 123 EC2003] and the requirement of the CCAct (etc) that this account is unenforceable within a court of law.

 

It is the other sides job to show that you have little or no chance at trial not to prove enforceability again basically the same but slightly different.

 

Kel