Northampton Court Claim arrived (MCOL)

JackBasta

One last question - I have 15 exhibits. Some are multipage documents with their own numbering (e.g. case law). Some are full screen pictures. My first thought was to staple the multipages together so I'd have 15 separate items in my bundle alongside the witness statement itself, and the schedule of costs separate again.

Reading back through the newbie posts, I'm starting to think that all pages should be "loose" but the whole bundle has a single numbering system with an index on the first page, and the WS would contain references to page numbers in the bundle (as opposed to the page numbers of the actual documents).

If this is the case, I'll have to use a liberal amount of tippex and then renumber the whole pile. Have I undesrtood this correctly?

Coupon-mad

Never use Tippex in a legal document!

Nonono, and I say that as a person who handles information daily which cannot be tippexed and I don't keep any in my office.

Keep to your original numbering, as long as the enclosures are easy to find it is fine, the idea being to assist the Judge in following your evidence on the day. It would be best to hand deliver the Court's version in an inexpensive ring-binder or file with the claim number and 'Witness Statement and evidence from Defendant' clearly stated on the front.

Re the other side, just email their copies! Let them sort it out - but copy in another email of YOURS and print out proof of receipt of the email, showing that it arrived. This is in case they pretend on the day they never got the WS and evidence, you whip out your proof.

JackBasta

Ah great. That saves me time.

JackBasta

ok Ive hit a problem. The crux of my defence is built around pre-pofa. I contacted my old insurance company who sent out an insuramce certificate showing multiple drivers insured for the period. I've just double checked and I think theres a mistake on the document as the cover is only for a month instead of the year, and the date of the incident isn't covered. Myself and my wife have been insured for that cae every year for the last 7 years, so there's some mistake.

So I'm absolutely panicking. What do I do? I can contact the insurance company and get this sorted tomorrow.

However My defence and WS make reference to a document that I now don't have. Do I include the incorrect document and then ask the judge to allow a replacement later on?

Or do I remove all references to the insurance certificate from my WS which weakens my defence?

I need to get this WS in tomorrow as the deadline in Tuesday and I have to send a copy to Gladstones

Coupon-mad

Do I include the incorrect document and then ask the judge to allow a replacement later on?

Yes I would include the one month version then bring the full certificate with you. Can you simply change the wording in this WS to say:

Myself and my wife have been insured for that car every year for the last 7 years. Evidenced at xx is one letter from the insurer that I currently have to hand, showing the insured drivers that year. I will bring the full insurance certificate covering the material date with me to court but the information is the same. Should the claimant wish to inspect it prior to the hearing they are at liberty to email me to ask for it, otherwise they will be deemed to have read this statement and are satisfied with the fact that more than one driver is/was insured on this car.

Lamilad

JackBasta wrote: »

How do I find out if they send a rep with no rights of Audience?

https://www.lawgazette.co.uk/law/bar-council-solicitors-agents-could-face-prison-term/5059560.article

Also ask this question again just prior to your day in court for some specific advice on how to challenge their rep

JackBasta

Phew - thanks CM. That's a relief! I wasn't likely to get much sleep tonight if I didn't get a reply!

Coupon-mad

Lamilad and I do the late shift, it seems!

Lamilad

So I'm absolutely panicking. What do I do? I can contact the insurance company and get this sorted tomorrow.

Can't you ring your Ins company tomorrow and ask them to email the document straight away - expalining that it is evidence in a court case and must be submitted to the court today. My Ins docs have been sent to me electronically for several years.

I will bring the full insurance certificate covering the material date with me to court

I didn't mention my ins cert at all in my defence or WS but I took it on the day as direct rebuttal because I knew they would ask me how many people were insured on the car. The Judge accepted it and their rep (Jake Burgess) didn't object.

Lamilad

Coupon-mad wrote: »

Lamilad and I do the late shift, it seems!

I haven't put my clocks forward yet. Plus I've got a few days off work this week so may as well put my time to good use. May even lookout for anyone needing a layrep :cool: