Do I have a case or shall I just pay it? Galdstone letter

hopsfield

Thanks loadsofchildren, I know this website and I've been there before but still can't see Jolley's case.
I've even done the word search and nothing...

Loadsofchildren123

http://swarb.co.uk/jolley-v-carmel-limited-2000/
Sorry I thought it was on the list. This is the only thing I can find that summarises Jolley. I'm not sure how much it helps. I read the summary yesterday and decided it was of limited relevance to the case I'm helping a friend with, which is also a gladstones gem.

Loadsofchildren123

OP, you could try this:
http://lexisweb.co.uk/cases/2000/june/jolley-v-carmel-ltd
You have to sign up for a free trial to actually access the case report. I did it once when I wanted to look up a case. They phone you and try to sell you a package, you just say you don't want it, but you get free access for a couple of days.
Alternatively, phone the Law Society library (click on this link for details of what they offer and their phone number - http://www.lawsociety.org.uk/support-services/library-services/contact/ ) and they will copy it for you and send it to you for a small fee, and you can pay over the phone (you don't need an account and I don't think you need to be a lawyer). They don't charge the earth. They'll send you a receipt and you can claim it back with your costs if you win.

hopsfield

Coupon-Mad could you upload this file via my dropbox link?
[xxxx]

I have also removed the part about "Helen Cook of Gladstones" as I don't have any proof she said that. So don't think is fair to put that in. Am i correct?
Apart from that I think its all ready to send

Coupon-mad

Done - that should work!

hopsfield

Thats great! thank you very much!!! Not just for this but for all your help!

Loadsofchildren123

OP, is that Jolley you're talking about? Does it say anything helpful?
I agree you shouldn't use an unprovable quote, I think it's better to stick to the good points and not use ones that don't really have teeth. A judge won't strike out a case/summarily adjudge it based on that quote, but he will based on what the CPR say and based on what other judges have done (and these cases and the orders made can all be found on parking prankster's blog).


I'm going to post an extract of my letter to the court asking them to order a strike out or to give summary judgment which is a good summary of the CPR in case you need it for your day in court – I would suggest starting off the hearing with a request that the court considers a strikeout/summary judgment (which have been ordered in other cases where Gladstones have based the claim on defective Particulars) and this could be included in a Skeleton Argument for the day, or in a letter to the court prior to the hearing asking it to order a strikeout (I did the latter and am awaiting the result):

Loadsofchildren123

If your particulars of claim are the usual defective rubbish, I think it is worth writing to Gladstones to put them on notice that you intend to seek a wasted costs order against the firm personally (because they know that the Particulars are defective yet continue to file and pursue identical claims) and putting them on notice that they must report this to their insurers and must make a record of it internally by reporting it to their COLP (Compliance Officer for Legal Practice). By law, if they are notified of a potential claim then they must report it. This will affect next year's insurance premium so they won't want to do it. That is my next step.

hopsfield

Loadsofchildren - it is relevant to my case. I tried to purchased the ticket via phone App but for some reason the payment didnt go through. I paid it again as soon as I realized i didint get confirmation email. I made "‘reasonable endeavours’ to comply with contractual terms" . Not sure if this applies to your friends case. Hope it helps.

hopsfield

so i have now received Witness statement from the Claimant...