Mercantile courts???

lmh1081

Leebcoward wrote: »

My case has just been transferred to Mercantile Court, Leeds, to be heard on 28 June. I must submit a case management sheet to all parties before the case is heard. Does anyone have any advice on filling this sheet in? Has this happened at anyone else?

hi lee i too have my court date at the same court on the 28th of june, i have no idea on how to fill in the sheet, good luck

j.barton1

Hi, here is a completed copy and a blank copy...if you copy it and amend it to your claim it'll be okay...ps i am @Leeds too.

Case Management Information Sheet

Before His Honour Judge Kaye QC






Part Filing: Claimants Jenny Barton - case number xxxx
Solicitors Acting: Claimants in Person
Date 01.06.2007


Substance of case

1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.

Parties.

2. Yes
3. No, although Leeds County Court may link other claims.

Statements of Case.

4. No
5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. The Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.

Disclosure.

6. Within 7 days of being requested by the Court.
7. No
8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.
9. Yes:
10. (i) Within 7 days of Courts directions
(ii) Within 7 days of Courts directions

Admissions.

11. No

Preliminary issues.

12. No

Witnesses of fact.

13. One
14. Claimant
15. Claimant
16. Within 7 days of Courts directions
17. No

Expert Evidence.

18. No
19. No
20. No
21. None
22. N/A
23. No
24. None
25. N/A

Trial.

26. 1 hour
27. Within 4 weeks of Case Management Conference
28. Leeds County Court
29. No

A.D.R.

30. No
31. No.
32. No
33. No

Other applications.

34 None.

Costs.

35. Claimant in Person costs £9.25 per hour 25 hours research & preparation £231.25
36. Claimant in person costs £9.25 per hour 30 hours research & preparation
£277.50 by the end of trial.


Signed Claimant


Uncompleted sheet


Case Management Information Sheet - Mercantile Courts
[Title of Case]
This information sheet must be filed with Mercantile Listing at least 7 days before the Case
Management Conference, and copies served on all other parties: see paragraph 7.7 of the
Mercantile Courts Practice Direction.
Party filing:
Solicitors:
Advocate(s) for trial:
Date:
Substance of case
1. What in about 20 words maximum is the case about?
Please provide a separate concise list of issues in a complex case.
Parties
2. Are all parties still effective?
3. Do you intend to add any further party?
Statements of case
4. Do you intend to amend your statement of case?
5. Do you require any “further information” - see CPR 18?
Disclosure
6. By what date can you give standard disclosure?
7. Do you contend that to search for any type of document falling within CPR 31.6(b) would be
unreasonable within CPR 31.7(2); if so, what type and on what grounds?
8. Is any specific disclosure required - CPR 31.12?
9. Is a full disclosure order appropriate?
10. By what dates could you give:
(i) any specific disclosure referred to at 8; and
(ii) full disclosure?
Admissions
11. Can you make any additional admissions?
Preliminary issues
12. Are any issues suitable for trial as preliminary issues? If yes, which?
Witnesses of fact
13. On how many witnesses of fact do you intend to rely at the trial (subject to the court’s
direction)?
14. Please name them, or explain why you do not.
15. Which of them will be called to give oral evidence?
16. When can you serve their witness statements?
17. Will any require an interpreter?
Expert evidence
18. Are there issues requiring expert evidence?
19. If yes, what issues?
20. Might a single joint expert be suitable on any issues (see CPR 35.7)?
21. What experts do you intend (subject to the court’s direction) to call? Please give the number,
their names and expertise.
22. By what date can you serve signed expert reports?
23. Should there be meetings of experts of like disciplines, of all disciplines? By when?
24. Which experts, if any, do you intend not to call at the trial?
25. Will any require an interpreter?
Trial
26. What are the advocates’ present estimates of the length of the trial?
27. What is the earliest date that you think the case can be ready for trial?
28. Where should the trial be held?
29. Is a Pre-Trial Review advisable?
A.D.R.
30. Might some form of Alternative Dispute Resolution assist to resolve the dispute or some
part of it?
31. Has this been considered with the client?
32. Has this been considered with the other parties?
33. Do you want the case to be stayed pending A.D.R. or other means of settlement - CPR 26.4;
or any other directions relating to A.D.R.?
Other applications
34. What applications, if any, not covered above, will you be making at the conference?
Costs
35. What, do you estimate, are your costs to date?
36. What, do you estimate, will be your costs to end of trial?

[Signature of party/solicitor]

Leebcoward

If the bank settles before the hearing in Leeds are they forced to pay out the costs to date? (section 35 CMA)

j.barton1

Hi, They are not forced (as such) but they'll pay your costs as long as your not greedy. Litigate in person costs are agreed as £9.25 per hour, think about how much time you have used on your claim? 25-30hours are the norm. I successfully claimed 30hrs through barclays. CPR 48 is about lit in person and costs.
Hope that helps, Jenny

Leebcoward

Has anyone going to the hearing at Leeds on the 28th June had any response from their bank yet?

j.barton1

1 so far from CAG

MARK1978_3

Hi,
Can someone possible shed any light on a letter i've just received please? Not sure if anyone has previously had one similar?

I sent my claim off quite some time ago (roughly £600 + interest) and although loads of my mates have got theirs back, mine keeps getting close to going to court.
I've now just received a letter which says:

"On 04 June, 2007
His Honour Judge Grenfell sitting at The Court House considered the papers in this case and ordered that:

1) The claim is transferred to the Mercantile Court, Leeds District registry
2) The claim is reserved for all purposes to His Honour Judge Kaye QC
3) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this order."

I wish I knew what this meant - but I don't! Does anyone have a clue where I go from here?

Hope someone can help!
Cheers
Mark

Edinburghlass_2

The above posts should help.

MARK1978_3

Hi Edinburghlass.

Although the previous posts are really helpful (as well as the 'mercantile' section in the CAG forum), i still can't find out what i actually need to do (if anything) regarding this 'application' that i'm "...supposed to deliver within 7 days of this order." There was no application enclosed for me to fill in and no contact details for the court.

Do i just do nothing or do i need to seek out this mystery application!? I wish they (the courts) would make it a little bit easier for us! I feel sorry for those who aren't forum-literate who genuinely have no idea what to do!

Stephaniepujol asked a similar question to mine (a few posts above) but there's been no response.

Has anyone got any advice please - i'd really really appreciate it!

Edinburghlass_2

Have a read of the posts on this thread...

http://forums.moneysavingexpert.com/showthread.html?t=369368

regarding the bit about "set aside, varied or stayed"

Its unlikely the bank will ask for the court to do this so you need to wait and see if you get an actual date for this hearing.