Excel/BW Legal - Defendant is not RK

Loadsofchildren123

The relevant rules are 2.8 and 6. 2.8 says you only ignore bank holidays where the time for service is 5 days or less. Where the time is 14 days, that includes weekend days and bank holidays.


It also says that your 14 days have to be "clear days" - ie not including the actual day of the hearing, or the day of service. So if you post it, actually it's got to be posted tomorrow. However, as Lamilad says you can email it to the other solicitors but you should do this on the 14th. I can't see anyone taking a point if you don't email it until Monday 17th (even if you're technically a day out nobody will care). Likewise, if you don't post it to the court tomorrow, but a day or two late, nobody will care. If anyone (albeit unlikely) complains you were late, just keep saying you couldn't understand the rules (they have to give litigants in person great leeway over things like this).

Matthew87

Cheers guys. I was thinking that posting it to BW Legal would make things more difficult for them (they'd have to photocopy/scan all 40 pages etc), but I'll email it instead.

Just waiting for some last minute suggestions

Lamilad

Matthew87 wrote: »

Cheers guys. I was thinking that posting it to BW Legal would make things more difficult for them (they'd have to photocopy/scan all 40 pages etc), but I'll email it instead.

Just waiting for some last minute suggestions

As LoC says it will be fine to file and serve it on Monday. Gives you the weekend to apply any finishing touches.

Email it to BWL (you want that auto-reply) and deliver it to court in person.

Matthew87

Any last minute suggestions before these (https://1drv.ms/f/s!AsLbpETb6Et3j3yADaebkkR-iXRW) are submitted?

(I'm still working on the 'entrance sign bit')

Huge thanks in advance

Coupon-mad

:T:T

Brilliant effort, an example to others at WS/evidence stage! It will be a travesty if you lose this, with your evidence of an unlit pitch black car park and no entrance signs. I predict Excel will struggle here.

Matthew87

Thanks CM, your input has been invaluable.

There is a entrance sign, but it's not a great one (I'm currently putting together a document to illustrate this!)

Do you think I'm missing anything, or could I develop any exhibits further?

Coupon-mad

Unlit signs are your main point and I think you are nailing it already.

Lamilad

Use 1.5 line spacing to separate the points on your WS. I notice you still have the inset pics on the entrance sign photo's, as discussed you should remove these.

I also noticed you haven't referenced HC77's case which was won on unlit signage. This would be persuasive in your case. Is there a reason you've excluded it? I thought you were keen to use it after you pressed me for his details?

Matthew87

Cheers Lamilad!

Lamilad wrote: »

Use 1.5 line spacing to separate the points on your WS.

That is 1.5 (or at least that's what Word is telling me!)

Lamilad wrote: »

I notice you still have the inset pics on the entrance sign photo's, as discussed you should remove these.

Still sorting that - trying to get a full page together about the entrance signs.

Lamilad wrote: »

I also noticed you haven't referenced HC77's case which was won on unlit signage. This would be persuasive in your case. Is there a reason you've excluded it? I thought you were keen to use it after you pressed me for his details?

That'll be in my skeleton, along with Excel v Booth (24/01/17 Bury C6DP9P15) and Excel v Stokes (22/03/17 Bury C8DP3H9Y) where signage was found to be poor... IN THE SAME CAR PARK! Haha (which I'll post after I've seen BW's WS & Exhibits) - because I didn't have a transcript, I didn't think it'd go in as evidence - and I didn't think that'd go in my WS?

Lamilad

That'll be in my skeleton, along with Excel v Booth (24/01/17 Bury C6DP9P15) and Excel v Stokes (22/03/17 Bury C8DP3H9Y) where signage was found to be poor... IN THE SAME CAR PARK! Haha (which I'll post after I've seen BW's WS & Exhibits) - because I didn't have a transcript, I didn't think it'd go in as evidence - and I didn't think that'd go in my WS?

That's fine if you're not adducing the transcripts.

You also need spaces between your paragraphs to separate your points and make everything more readable