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Excel BW again

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  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    Time off from work (use of annual leave) for the hearing - costs up to a max of £95 (take pay slips to court with you as proof)

    Stationery and postage - actual costs incurred. You might need to itemise them for completeness and to show that this isn't a finger in the air guesstimate.

    Travel to the hearing - at cost if public transport used, or 45p per mile if by car. Don't forget to put in the cost of car parking at (near) the court. You'll have to estimate these in advance - just mark it as 'Estimated costs'.

    Some try to get research time claimed @ £19ph litigant in person rate. I've read a very small number of cases (fingers of one hand) where judges have allowed a couple of hours. I know you will have spent many, many more, but ordinarily I believe these costs should only be awarded if the claimant has behaved unreasonably. So if you want to try a small number of hours, do so, but don't be surprised if it is knocked back.

    In total a costs order claim is never going to be sizeable, but being awarded something is better than a mere pyrrhic victory against your enemy.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • claretmad62
    claretmad62 Posts: 190 Forumite
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    Umkomaas, many thanks for your prompt & detailed response.....
    cm62
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    claretmad62 wrote: »
    Could anyone please assist me on how to build up your costs, should you win your case. I seem to remember seeing it on a thread a while back...struggling to lay my hands on it now.

    Trying to get everything pretty much in place, its a while until the hearing. But ive a hell of a lot on in the next 2 months

    Thanks in advance

    I believe there's a template or linked example costs schedule on the newbies thread. Also Loadsofchildren posted some detail on Keepswimming's thread the other day.
  • claretmad62
    claretmad62 Posts: 190 Forumite
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    Good afternoon all, well just about a month away to our date. So would like to put up what I've produced, well what CM brilliantly produced for me and what I have added in the best way I can. I am working away so for a while so would like to get this to a finalised state if at all possible. With regards to the etiquette on passing my documents on to the court & BW, Witness Statement 14 working days before the hearing...Skeleton Argument 5 days before....and is that to both also ?

    https://www.dropbox.com/sh/f7r85yokl1tf0u3/AADoGlOB9cDEgVnfP1g297Qya?dl=0

    Thanks in advance
    cm62
  • claretmad62
    claretmad62 Posts: 190 Forumite
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    Bouncing this one back up...any feedback appreciated.
    cm62
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    I'll bump it too, as it's very late tonight and I start work early...
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  • claretmad62
    claretmad62 Posts: 190 Forumite
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    Ok.....thanks for that CM, any feedback would be great.
    cm62
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    edited 19 May 2017 at 10:05PM
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    Looks pretty damn good to me. I'd have maybe included a para about lord Denning's red hand rule but you've attacked signage well enough without it.

    Within the stuff about Cutts I'd have mentioned that the case was discussed on bbc watchdog which was damming of Excels illegible signage and predatory tactics.

    Frankly my 'gasted' would be truly 'flabbered if you were to lose this case.
  • claretmad62
    claretmad62 Posts: 190 Forumite
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    Thanks Lamilad, really appreciate the feedback...I totally get others cant answer every query. I've just been reading up on ROA, trying to get my head around that, as it seems to be a potential deal breaker.
    cm62
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    claretmad62 wrote: »
    Thanks Lamilad, really appreciate the feedback...I totally get others cant answer every query. I've just been reading up on ROA, trying to get my head around that, as it seems to be a potential deal breaker.

    Potentially yes, but it's so complex and open to interpretation that even judge's struggle to get their heads round it.

    It's always worth bringing to the attention of the court, along with witness non attendance though it seems, in most cases, the judge's allow the case to proceed even though they know something isn't right.
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