Case Summary - Multitrack claim

[scubatony]

Hi There everybody

 

I have two questions to ask;

 

1. Does anybody know the "Practice Direction" on case summaries ?
   
2. Does anybody have link, to a case summary template for use in a multitrack claim ?
   

Any advice would be really good.

 

Thanks in advance

 

Tony

[richard_se11]

Try 29pd5

(Practice Direction 29 deals with multi-track cases)

 

5.7 (1) A case  summary-

(a) should be designed to assist the court to understand and deal with the questions before it,

 

(b) should set out a brief chronology of the claim, the issues of fact which are agreed or in dispute and the evidence needed to decide them,

 

© should not normally exceed 500 words in length, and

 

(d) should be prepared by the claimant and agreed with the other parties if possible.

 

 

[scubatony]

Thanks for that

 

5.7

 

(1) A case summary:

 

(a) should be designed to assist the court to understand and deal with the questions before it,

 

(b) should set out a brief chronology of the claim, the issues of fact which are agreed or in dispute and the evidence needed to decide them,

 

© .should not normally exceed 500 words in length, and

 

(d) should be prepared by the claimant and agreed with the other parties if possible.

 

The District Judge in his infinite wisdom for my claim has deemed that I write 250 words, it currently stands at 493.

 

This trial is set to last 4 days 2nd,3rd,4th & 5th September.

 

This can't be summarised in 250 words, I have severely struggled with 493

 

Now this begs the question, when I submit my "case summary" do I blatantly quote the following;

 

In line with Practice Direction 29 5.7 (1) I hereby submit my case summary (493 words) for your perusal and risk his wrath or buy a sharp knife and find somewhere to . . . . . . . . . . . stab myself ! ! only joking

Edited June 27, 2014 by scubatony

[Ganymede]

Put the summary on a Court heading with the title "Case Summary" and try your hardest not to waffle or argue your points but stick to the salient facts.

[scubatony]

Put the summary on a Court heading with the title "Case Summary" and try your hardest not to waffle or argue your points but stick to the salient facts.

 

Thanks for that

 

Do you have a link please so that I may put it down in the correct format ?

[richard_se11]

"Now this begs the question, when I submit my "case summary" do I blatantly quote the following; In line with Practice Direction 29 5.7 (1) I hereby submit my case summary (493 words) for your perusal

 

No, if s/he has ordered you to summarise your case in 250 words you need to get the word count down as close to 250 as you can.

Start with deleting “I hereby submit my case summary (493 words) for your perusal”; that’s eleven words saved, use headings brief salient and bullet points, no waffle or hyperbole.

Edited June 28, 2014 by richard_se11
OP's words not in quotes

[steampowered]

You have to be brutally concise and omit unnecessary facts. Don't shoot yourself in the foot by making it longer than 250 words. I know it is very short and it is difficult to get it down, but to be honest even some of the most complicated disputes around can generally be summarised in a sentence or two.

 

As noted in the Practice Direction, you need to try and agree this with the other side. Remember that the case summary is supposed to be completely neutral. It is not supposed to be used to convince the judge of the merits of your case. If you think the other side would object to what you have written in there then you are doing it wrong.

 

For example, if this is a Sale of Goods case, you might go with something like this:

 

1. The Claimant is xxx. The Defendant is xxx.

2. It is agreed that on or around [date] the Claimant and the Defendant entered into a contract for the supply of 1,000 apples.

3. The Claimant alleges, and the Defendant disputes, that the apples were rotten and hence not of satisfactory quality pursuant in accordance with s14 (2) of the Sale of Goods Act 1979. The Claimant and the Defendant have jointly appointed Mr. Smith as an expert witness to assist the court.

 

Do you have any legal help for this? A multi-track case with a 4-day trial is significant litigation. No doubt you are already aware of the costs consequences that will follow if you lose the case.

[scubatony]

You have to be brutally concise and omit unnecessary facts. Don't shoot yourself in the foot by making it longer than 250 words. I know it is very short and it is difficult to get it down, but to be honest even some of the most complicated disputes around can generally be summarised in a sentence or two.

 

As noted in the Practice Direction, you need to try and agree this with the other side. Remember that the case summary is supposed to be completely neutral. It is not supposed to be used to convince the judge of the merits of your case. If you think the other side would object to what you have written in there then you are doing it wrong.

 

For example, if this is a Sale of Goods case, you might go with something like this:

 

1. The Claimant is xxx. The Defendant is xxx.

2. It is agreed that on or around [date] the Claimant and the Defendant entered into a contract for the supply of 1,000 apples.

3. The Claimant alleges, and the Defendant disputes, that the apples were rotten and hence not of satisfactory quality pursuant in accordance with s14 (2) of the Sale of Goods Act 1979. The Claimant and the Defendant have jointly appointed Mr. Smith as an expert witness to assist the court.

 

Do you have any legal help for this? A multi-track case with a 4-day trial is significant litigation. No doubt you are already aware of the costs consequences that will follow if you lose the case.

 

Hi There

I have tried to send you a PM about but I need 15 posts I only have 10, now 11.

If you were to send me a PM could I reply back to it ?

[honeybee13]

Hi There

I have tried to send you a PM about but I need 15 posts I only have 10, now 11.

If you were to send me a PM could I reply back to it ?

 

Hello scubatony. You shouldn't need PM. Please ask your questions on this thread, I'm sure Steampowered or other experts will answer you.

 

HB

[scubatony]

Hi there Honeybee

 

Due to the sensitive nature and the impending Court date, I do not want to give to much away on an open Forum.

 

I am sure that you will understand.

 

Tony

[steampowered]

You should be able to PM site team members. There is a very strong preference to keep things on forum for the benefit of others, as it is possible to post most things in anonymised form by removing personal data. If it is genuinely impossible to do this on the open forum in this case for special reasons then feel free to shoot me a PM and we'll see what can be done.

[scubatony]

You should be able to PM site team members. There is a very strong preference to keep things on forum for the benefit of others, as it is possible to post most things in anonymised form by removing personal data. If it is genuinely impossible to do this on the open forum in this case for special reasons then feel free to shoot me a PM and we'll see what can be done.

 

Hi There

 

Thanks for getting back to me.

 

Just two more posts from me then I can send you the PM.

 

Once you see the content then you will understand.

[scubatony]

Just while I think about it, does anybody have a template for a case summary ?

 

I already have template for my "skeleton argument"

[Ganymede]

Just summarise the facts of your case, not really possible to have a template as a Case Summary is specific to you.

[scubatony]

Just summarise the facts of your case, not really possible to have a template as a Case Summary is specific to you.

 

Hi There

 

Thanks for that, this makes my job a whole lot easier.