Lowell/Carter Claimform - old lloyds OD poss SB'd***Claim Struck Out***

[coleman72]

thanks andy!!! when you say make this point when entering the court room. not sure I really understand??? I will write down the 3 or 4 points about cpr 42.2 etc, but do I need to say that straight away???? sorry if that sounds stupid.

[coleman72]

ford, no there witness statement not been received by me or court. that's what court said when I spoke to them on wedensday. had to be done by the 26th feb. mine was received. will call court in morning for quick check.

[Guest]

cpr 27 as well, if they havent filed re standard directions.

write it down like in that thread andy pointed, hand it in/say it as an opportunity arises

[coleman72]

thanks ford. so when I go into the room, they will tell me when I need to speak etc??? sorry again if this sounds silly. I take it I will sit down and they will either read my defence and statements etc then ask questions???

[AndyOrch]

On your arrival at the court report to the ushers office and check in......again you can check with him (last min)if they have notified change of representation and compliance with CPR 27 (witness statements /disclosure)

 

Then sit and wait and you will be called by claimants /defendants to the relevant court room.On entering the DJ will welcome you and ask you take a seat .....may be his chambers may be an actual court room...(subject to the courts workload).

 

He will introduce the case and give a general synopsis of the claim.When he wants you to speak he will refer to you.....I doubt anyone from the claimant will be in attendance...so at this point raise the matter of CPR 27 and CPR 42...as the Judge will not be aware.

 

Best of luck and let us know how it transpires.

 

Regards

 

Andy

[coleman72]

andy and everyone else, again many many thanks!!!! if no one is there from lowells etc, how does that look from the courts point of view???

[AndyOrch]

As per the linked thread above...normally struck out..unless they have informed the court of none attendance and relying on their witness statement (which you state they have failed to submit)

[coleman72]

thanks andy. will call the court in morning for an update. will update 2morrow before I go to court on Tuesday. again thanks all.

[martin2006]

This one should be a slam dunk now Coleman

 

Keep calm and point out where carter has again failed catastrophically

[coleman72]

hi all. well as you it is court day 2morrow for me. anyway, phoned court this afternoon, and nothing changed. still got carters as acting on their system and no witness statement from them. asked if it could change overnight, but was told highly unlikely!! wish me luck!!

[Guest]

wished

get those mentioned points in.

[coleman72]

thanks ford, will do. when I mention the points, cpr27 and cpr 42 etc, do I have to go into a full detail, or can I just say: that under cpr 27 they have not filed witness statement etc, etc,. have got my letter from carters to take that states they no longer act on this matter,

[AndyOrch]

Prioritise it as CPR 42 first then CPR 27 Coleman...42 is more severe with the desired ramifications.

 

Andy

[coleman72]

hi andy. so what I can say to the judge is something like: here is my letter dated 29th feb (after date for witness statement) from carters saying no longer acting, and have no notification of any new representation from them??? does that sound o.k.???

[AndyOrch]

" Sir if I may just bring to your attention before we proceed,I'm not sure if you are aware but the claimants have failed to notify either myself or the court of a change of Solicitor pursuant to CPR 42.2 (PD2 a & b).....and furthermore failed to adhere to the court directions re disclosure and witness statement pursuant to CPR 27.4 PD 3 a(i) "

 

That is all you need to state.

[coleman72]

thanks andy!!! can I fire that off as soon as I get in the room??? just off back to look and read the cpr bits again!!!

[AndyOrch]

Only when the Judge speaks to you...let him do the talking first:-)

[coleman72]

thanks andy, but what does the pd mean in the cpr??? understand that cpr 27.4 3ai is : a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; just not sure what the pd you mention is!!!

[AndyOrch]

Practice Direction

[coleman72]

thanks andy. have wrote down the cpr points above word for word, and will mention it when I speak!!! I take it I can still mention these points even if there is someone from lowells is there??? well, wish me luck and I will be back on 2morrow and let you all know what happens!!!!!

[AndyOrch]

Whether they are in attendance or not......state as advised

[coleman72]

will do andy. many thanks.

[martin2006]

I very much doubt you will need it but good luck coleman!

[coleman72]

evening all. well I am back from my little trip to the court. it took all of about 3 mins for the district judge to strike it out!!!!!!!!!

[AndyOrch]

Told you so.

 

Delighted for you coleman..thread title amended to reflect the outcome.

 

If you get chance perhaps a little synopsis for the members to read why it was struck out.

 

Well done

 

Andy