Is the £8,000 in his savings account his only asset?
If not then I don't think you can insist that the Funeral costs have priority for payment from the funds held by Barclays. Funeral costs are a priority debt for payment from the Estate as a whole. Not from a specific bank account. I'd think if there are assets in the Estate outside Barclays will say use those.
To add, not sure how far away your small claims hearing is (or if it will even take place at all in the current climate) but I would suggest as follows:
1. Contact the people you want to get statements from and see if they will do a witness statement. (Bear in mind they may be making statements for the Defendant).
2. If they’re not prepared to do a witness statement for you, and they’re not already doing one for the Defendant, then start preparing a witness summary.
3. File and serve the witness summary and application for permission to rely when you’re supposed to file the witness statements, together with a witness summons (the N20 court form)
after Employer #2 refused to help I've started down this route with employer #1 as I've been there for over three years so all is not lost.
You kind of answered the question as I thought they were obligated to furlough to help ease the strain on the DWP ...but that's just me thinking outside the box
I emailed employer #1 on the 24/03/2020 to ask for furlough, my P45 has me leaving the company on the 24/03/2020 so I was still employed and not ask for re-employment.
I agree with testing, TJ, as clearly the WHO do. But as I understand it there is meant to be a strategy around it so that test results help the outbreak to be managed to best effect.
The WHO's test, test, test recommendation may be a bit short on detail.
Hi Maketa - I don’t think anyone has answered your question here.
My understanding is that if you can’t serve a witness statement you still need to serve a witness summary and accompany with an application. See Civil Proceure Rule 32:
(1) A party who –
(a) is required to serve a witness statement for use at trial; but
(b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary instead.
(2) A witness summary is a summary of –
(a) the evidence, if known, which would otherwise be included in a witness statement; or
(b) if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.
(3) Unless the court orders otherwise, a witness summary must include the name and address of the intended witness.
(4) Unless the court orders otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.
(5) Where a party serves a witness summary, so far as practicable rules 32.4 (requirement to serve witness statements for use at trial), 32.5(3) (amplifying witness statements), and 32.8 (form of witness statement) shall apply to the summary.
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