The National Bank of Ras Al Khaimah/IDRWW Courtclaim - old UAE Loan/CC

[AndyOrch]

Then you must counter and refute that evidence in your opposing statement as to why their application should be denied.

 

Interesting little bit of info with regards to expert testimony in SJ applications....you should use it in your statement.

 

 

https://heinonline.org/HOL/LandingPage?handle=hein.journals/davlr22&div=9&id=&page=

[Imnotthere]

On 21/04/2021 at 12:16, Andyorch said:

Yes an application for SJ will pause the main process.....and take priority or sometimes the application can be heard at the same time a CMC is held to discuss the main proceedings.

 

You wont know if the claimants have been granted permission to use an E W that is between the claimant and the court...your agreement will only come into play if you agree with the findings of said expert.....not whether you agree they can use one.....

 

Re venue you must push and insist that the hearing is held at your local county court as you are the LIP....and that's for both...SJ application and main hearing assuming they fail to get SJ.

 

Andy

 

This is the response from the court re venue Andy & the inclusion is the expert report and it’s reference in their WS, can I still push / insist to move to local court?

 

What you say is correct in relation to hearings where the parties would be attending in person.  However, this present hearing is by telephone conference and geographical location is not significant.  It will be open to you at the hearing to request transfer of the case to Xxxxxxx. 

 

The Judge may deal with that particular point when you raise it, although the hearing is to resolve the issues raised in the claimant’s application.  Depending on the outcome of that hearing, the Judge will give directions as to preparing the case for trial, and will consider at that time whether expert evidence is necessary, as well as whether transfer is appropriate.

[AndyOrch]

There is no need to attend as its a telephone hearing to discuss the claimants application for SJ...as I said above and now confirmed  the DJ is dealing with their application and allocation at the same time.

[Imnotthere]

Ok, thanks Andy- so now just to prepare & submit my witness statement, detailing objections as to why the SJ application should be denied ?

[AndyOrch]

Yes and in particular why a expert witness testimony should not be required in an application for summary judgment.

 

Post your draft here nearer to the time.

[Imnotthere]

Appreciated 

[Imnotthere]

Morning Andy / Everyone-  WS draft enclosed if you can have a read / review / advise?

 

I'll need to complete this and send this week as the court states 2 clear days before the hearing in their documents

 

TIA All, I'm nervous about the whole hearing thing so any help / advise appreciated!

Redacted witness statement.docx.pdf

[AndyOrch]

Its a little wordy.....but you have covered all the main points. If I may suggest that you move all re their application for SJ and expert witness testimony to the intro of the statement IE 4 before point 2...then run into the background.

 

The statement would be ideal if it was a statement submitted as part of the normal process IE after allocation...but this statement is simply to defeat their application for SJ and the use of a expert witness in said application...you must get the Judges attention within your first opening paragraphs.

 

Andy 

[Imnotthere]

Thanks Andy,

 

will re order as suggested 

 

any thing important/ procedural I need to add?

[AndyOrch]

I normally draft a statement in response to SJ with the following intro and conclusion.

 

I Mr ******, being the Defendant in this case will state as follows; I make this Witness Statement in objection and to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated xxxxxx pursuant to CPR 24.5 (1) a/b.

 

I will respond to each paragraph of the same numbered as in the claimant’s statement.

 

Intro

 

 

Summary

 

17. Therefore paragraphs 19 – 20 I respectfully request the court dismiss this application for Strike Out of my defence /Summary judgment, that there are compelling reasons as to why this claim should be disposed at trail and put the claimant to further strict proof to disclose the requested documents on which their claim relies upon.

 

Should the claimant fail to comply their claim be struck out under CPR 3.4 as having no basis.

 

 

Also you will be required to finish it with the updated statement of truth.

 

 “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

 

 

.

[Imnotthere]

Great, all clear, thanks Andy 

[Imnotthere]

So I’ve had a second witness statement arrive this morning- not looked at it yet but will do & post up later.

 

the hearing is next week- so doesn’t give much opportunity to respond to any points 

[AndyOrch]

Supplemental witness statements can be served not less than 3 days pre hearing......and usually its agreed between parties that they will add further statements.

[Imnotthere]

Ok, so pushing their luck procedurally again then as the hearing is Wednesday PM and no agreement to add from me.

 

what is your recommendation to deal with this please Andy?

[AndyOrch]

I will give you my opinion and advice when I've read the content 

[Imnotthere]

Fair comment Andy

 

Enclosed..

Claimant supplementary WS Redacted (1).pdf

[AndyOrch]

That's not a Supplemental statement in addition....its the main statement.....have they not already summitted their statement in support of their application ? 

[Imnotthere]

Yes they have Andy already submitted a statement in support of the original SJ application.

 

they have submitted this supplementary/ second statement following receipt of a copy of my WS- which was written in response to their original WS submitted with theIr SJ application 

Edited May 10, 2021 by Imnotthere

[AndyOrch]

So not a supplemental...more a re draft after having received yours.....its not headed " Supplemental Statement "

 

Does it vary much to the original application statement ?

[Imnotthere]

The covering letter states second witness statement Andy, but nothing in the un redacted version that states it as a supplementary statement or secondary statement.

 

does it vary, I’m not sure it does other than the last point re costs.

 

Id say that in the “secondary statement” they are giving a response to the points I have made in my WS in response to their original WS, trying do defend my arguments.

 

i can upload their original WS again, if that would be of help as your input is appreciated as always.

 

 

 

 

 

 

 

 

 

[AndyOrch]

Yes please upload the original then I can have a quick scan.

[Imnotthere]

On 17/10/2020 at 08:27, Imnotthere said:

Enclosed @Andyorch I haven't included duplicates such as the application forms, statements etc.- Have included the expert report they with to rely on for info

SJ Application Redacted.pdf 3.22 MB · 22 downloads

 

Its here Andy 

[AndyOrch]

Struggling to see much difference...but the first is dated 28th Aug 2020 made with application and the date of this second ?

[Imnotthere]

May 5th 21 Andy

[AndyOrch]

You recall I stated that your statement was a little wordy...well this is a direct result of what happens...your feeding information for them to use against you. A statement in response and objection to a SJ application should really only deal with the points based on their application and why you need to inform the court that this application is not suitable for the claim and it must proceed to a hearing.

 

Summary judgment applications must meet the stringent requirements of CPR 24 to qualify and be suitable to dispense with the need for the claim to proceed to full trial.

 

Are you following this topic ?  Their application been dismissed.