Direct tiles Warehouse - Faulty Tiles - Claim Issued

[AndyOrch]

Yes...but would look more professional with headers......Claimant v Defendant ...Court Name....and intro.....

 

In response to the DJ XXXXXX General Order dated xxxxx   please find attached statement of costs particularised.

[kammx4]

Will do. Thanks.

 

Final version. Do i have to post or can i email the court this document please?.

 

ex.pdf

[AndyOrch]

No claim number and how do you intend to sign the SoT on a email ? You could email it to the court but I would also follow it with a posted hard copy.

[AndyOrch]

Okay.....

 

Can you not prepare a separate document without all the Networkrail gunf...and attach it to your email....its your claim and you have put all the effort in so far...why risk your claim being struck out for the sake of putting some effort into the presentation?

 

And does your court accept electronic submission

[kammx4]

I'm going to have to print and send to the court.

[AndyOrch]

It would be preferable...no short cuts in litigation and using an IPad is as useful as a bucket with a hole in it in litigation 

[kammx4]

posting today.P

Expenses.pdf

[AndyOrch]

[kammx4]

Had this from the court today with a form to fill with my contact details. Ignore the 1st paragraph as they've made a mistake and have received all relevant paperwork. Is this the actual hearing do you think??. Thanks.

28.pdf

[AndyOrch]

What was the Order of the 30th Jan 2021 they state you have not complied with ?

[kammx4]

They made a typo error with that date and have received all paperwork needed. I've been in contact with the clerk of the court and have email proof. Thanks

[AndyOrch]

Directions hearing.....you need to follow the instructions by date.

[kammx4]

Hi i missed the back page which i've attached.

 

It mentions that reasons to NOT want a remote hearing. As a lot of my case is physical evidence would i be better asking to go to court for the judge to view the evidence first hand?. Thanks.

 

 

today 2.pdf

[BankFodder]

When you say that it is "physical evidence" – what do you mean? You mean that people are going to be there in person? Videos?

If you are simply referring to documents then you will certainly have to disclose all of your documents in advance but that probably wouldn't mean that you would need face-to-face hearing.

[kammx4]

The actual seeing in person of the damaged tiles under eyeglass inspection how a good tile should look and how it would be impossible to spot the issues under normal inspection. Would it be better for me for the judge to see in person these issues?. Thanks.

[BankFodder]

I think that a judge would want this assessed by somebody in the business – possibly an expert.

If you could get a couple of competent very experienced – independent people to examine the tiles and to give their written reports then that would probably be very helpful. I don't think a judge would be prepared to look and to give his/her opinion because the judge very properly would say that they are not an expert and they are not qualified to do this

[kammx4]

I have two reports by independent tilers with over 40 years experience in the trade.

[BankFodder]

And have they reported specifically on the tiles and the fact that it wouldn't be immediately visible – in the way you have said?

[kammx4]

Yes

1.pdf

[BankFodder]

That looks like a pretty competent report. If you have a second one of the same quality then I certainly don't think that you need to worry about having a remote hearing.

I'm trying to think whether tactically it would be a good idea to give the other side advance notice of this report so they can comment.

Anyway, as I've said, the judge won't agree to carry out their own inspection of the tiles because they will consider that they're not qualified and they will want to rely on expert testimony.

Just accept a remote hearing.

Don't forget that you will have do disclose all the documents that you intend to rely upon 21 days before the date of the hearing. You should be looking at the advice we give on organising your court bundle.

[kammx4]

this remote hearing on June the 16th is just to see the next steps forward by the judge?. The other report is of same quality.

[AndyOrch]

Yes its to set directions on how the claim will proceed.....if you still have concerns for the main hearing possibly inform the judge that the main hearing may require attendance and face to face....due to the nature of the claim.

 

Andy

[kammx4]

No i'll follow your advice and tell the judge on the day my concerns and but ive pictorial and reported evidence to view. Thanks and have a good bank holiday.

[kammx4]

Received this today from the other side. I neglected to send the revised statement to the other side but the judge received his copy. Its the same total as they've received in the past.june14 copy.pdf

[BankFodder]

It's certainly unhelpful that you don't follow the instructions contained in an order.