Judge won't allow an ambush... Good luck with your hearing tomorrow. As activist said, prepare tonight/morning. Lay all the paperwork out in front of you on a table so you have easy access to everthing. I'm sure you'll let us know the outcome!
Ill try that but at the moment with 3 out of my 4 children home schooling a quiet corner is hard to come by !!
Thanks everyone i am all prepared
I have the Resin Contractors WS just now, do I serve tonight?? Remember I have only had the claimants Last Friday , 5 Days before the hearing.
@convoy2 probably too late, but just do it...
Frustratingly the resolution is to be Listed for a physical trial, it seams today was to see if we could settle.
She had supplied video footage which has never found it to me, the J didn't seem to concerned, just made her aware of the 14day rule for next time.
More delays. I find that frustrating. Still, you now have more opportunities to add your other witness statements.. The Judge's comments just reinforce my opinion that LIPs get a really good deal when it comes to enforcing the CPR etc.( depending on which side of the fence you are sitting) Even the Judge's directions... That is encouraging for others following the LIP route..
The delays are caused by chronic underfunding. Tax cutting agendas have consequences.
NB @chartman, isn't @convoy2 an LIP in this case?
Yes we are LIP but it just gives the claimant time to get her act together.
I had all separate files WS, Reports etc she had 17 pages of no WS or Reports with no facts.
One point i did raise that the J seemed interested in was that her claim is for £X yet she included a email from her new contractor showing a payment of £2200 less from the claim figure !! and interest is still accruing on the high figure and gave no justification why!
Could i do a counter claim as she has nothing to lose pursuing it or even with what we are supplying if hers doesn't change ask it to be thrown out before trial?
weren't you wanting to put in a late statement?
And what would you counterclaim and why?
@convoy2 I can't help with your questions. I'm not a lawyer and it's beyond my understanding. 17 pages seems to me to be 16 pages of waffle ? As activist said, counterclaim for what? What she will lose is all your MCOL/court filing costs and her own costs for same, plus the cost of having a tarmac drive. Assuming she fails to prove her case...You can now claim for attending court in person.... more resesarch !
Yea fair comment. in regard to the late WS it went to my Local Court but the hearing had been moved and i rang to ask them to send it over but it never landed, so true that will be in next time. His is of the last person to see the substrate before he topped it,.
just received the further Order for the hearing, it is strongly worded threatening to throw the case out if the claimant dosent comply with procedure and evidence, ive just received the video footage, which is 10 sec of nothing.
Also the claim is for £2200 more than she has admitted in her docs which she paid.Thus is it an incorrect claim and should this be raised now?