PCN - Revised particular of claim 3 days before trial- Gladstone

No they can't.

Take it with you and raise it as a preliminary matter in front of the Judge that this firm of Solicitors has tried to foist new POC at you just 3 days before the hearing and you do not accept this abuse of process and trust the Judge will be similarly unimpressed.

State there is no good reason to accept last minute altered POC, in the context of a professionally represented claimant. In Denton errors made by Solicitors under pressure of work were amongst examples cited by the court that were NOT good reasons to allow relief from sanctions where an issue is 'serious and significant' (as it is here).

Read these:

http://www.stjohnschambers.co.uk/dashboard/wp-content/uploads/Relief-from-Sanction.pdf

and

https://www.blackstonechambers.com/news/case-bpp_holdings_ltd/

The Court of Appeal has held that the stricter approach to compliance with rules and directions made under the CPR, set out in Mitchell v News Group Newspapers Ltd [2014] 1 W.L.R. 795, and Denton v TH White Ltd [2014] 1 W.L.R. 3926, applies equally to other cases, e.g. in the tax tribunals. The Court of Appeal allowed BPP’s appeal from the Upper Tribunal, and thus debarred HMRC from further participation in the underlying VAT appeal in the First-tier tribunal, by reason of HMRC’s unjustified non-compliance with an order directing them to provide proper particulars of their case.

Transcript here:
http://www.bailii.org/ew/cases/EWCA/Civ/2016/121.html

Denton is here:

http://www.bailii.org/ew/cases/EWCA/Civ/2014/906.html


Take all that above, printed out, with you in your trial bundle of evidence and all paperwork you are relying on, as well as this latest 'letter' from Gladstones and a separate preliminary matters document too, to raise the other usual matter that the hired legal 'gun' who rocks up, has no Rights of Audience* and should be shown the door.

Seize on this conduct (the last minute altered POC, on top of everything else, the unfair charge, the woeful signs, the intimidating demands from the PPC, and anything else in your defence that exposes their conduct etc.,) to argue the entire claim and conduct of the Claimant/their solicitors was: 'wholly vexatious and unreasonable'.

As such, you can argue to claim additional (punitive, could be 10 x) costs for unreasonableness.

NOTE - it is your burden to show unreasonableness in detail, so have a document headed up like that as a crib sheet for yourself to walk the Judge through why you should get higher costs, as a deterrent and warning to Gladstones who put consumers through the mill every day in court and have no excuse for their conduct. You need to show unreasonableness in every aspect, start (the PCN) to finish (now).

A high 'costs schedule' example is here in post #41:

http://forums.moneysavingexpert.com/showthread.php?t=5662425&page=2

Email a copy of your own costs schedule (packed to the hilt with costs) to Gladstones tomorrow and tell them you do not accept their fatally late altered POC and it is your intention to seek costs, pursuant to CPR Rule 27.14(2)(g):

''costs can be awarded where a party behaves unreasonably''.





*have you seen that preliminary matters draft/template, posted by Lamilad a few times here? Do you understand what to argue at first, about the RoA of the legal rep, in the hope they are not allowed to speak? CAN BE DONE.

P.S. did you submit your own WS and evidence in time? Tell us more about the case, or please come back with a court report afterwards and fill us in blow by blow!

If forged documents can actually be proven isn't that a criminal matter?

i couldn't find this template.i even tried "legalbeagle" website which!Lamilad!mentioned on a different tread. can you please post the link.

https://www.dropbox.com/s/y3kxaj29ue8m2bs/preliminary%20matters.docx?dl=0

https://www.dropbox.com/s/i7unpocs4h7wg5x/2%20-%20McShane%20v%20Lincoln.pdf?dl=0

https://www.dropbox.com/s/7puv7zxo09c1muf/3%20-%20Ellis%20v%20Larson.pdf?dl=0

CM - could these be added to the NEWBIES thread?

is it too late to send my cost claim to C and court?

No, I already told you to send it by email to Gladstones asap:

Email a copy of your own costs schedule (packed to the hilt with costs) to Gladstones tomorrow and tell them you do not accept their fatally late altered POC and it is your intention to seek costs, pursuant to CPR Rule 27.14(2)(g):

''costs can be awarded where a party behaves unreasonably''.

i cant remember if i ticked counter claim or not when i filled my Ack of Service or Defence? does this mean i cant claim the cost?

Counter-claims are NOTHING to do with claiming your costs. You have no counter-claim (you would know it because you would have paid £25 to lodge it).

Please read the NEWBIES thread post #2 about costs schedules and in particular the one by LoadsofChildren123 about puntive/additional costs for unreasonableness.

It is YOUR burden to prove and reel off all the reasons why the Claimant/their Solicitors' conduct has been wholly unreasonable and vexatious throughout. Make a bullet point list to take, if you win, clear your throat and say you wish to raise the point of additional costs pursuant to CPR Rule 27.14(2)(g).