bw legal/excel clain form recieved

Lamilad

keepswimming wrote: »

any feedback on the next move or how to deal with number 3 would be great,
thanks forum.

Keep researching, you'll find the answers you need. EvL was a criminal case that relied on forensic evidence and an eye witness - it has no relevance whatsoever in civil cases. AJH applies only to company vehicles where the employee is using it in the course of their duties.

Neither are relevant, you'll find plenty of rebuttals, especially EvL which has been laughed out of court by judges across the land.

keepswimming

I m still looking at stuff, but what you say is reassuring, my concern with the AJH one is I ve already submitted my defence and cant add to it, am I able to simple rebut the point orally at the hearing or do I need to work it into my evidence pack?

keepswimming

hi forum,
so DQ sent and DQ received a few days later, so next step is witness statement and evidence pack. I have some of the evidence already collected, pictures of signs and carpark etc, and a few print outs of information I referenced in my defence.
So I ve been ready lots of treads looking for examples of WS and I've found a few, however they all seem to read just like my defence, I thought it was a statement of events, yet I'm just setting out my defence again, all be it clearly numbered. And if this is the case, is my defence full enough to rewrite in WS format and add evidence.
I m having a melt down.
thanks for the help.

Coupon-mad

Your WS should be the facts (what happened & what you received and the fact you are the registered keeper...). With any evidence that relates to those facts.

You can then wait for their WS and write a 'skeleton argument' as discussed on other threads, which should be a short bullet point summary of your legal arguments, appending any exhibits like court transcripts and the POFA/Henry Greenslade's words, if you are arguing 'no keeper liability'.

The WS has a date deadline to file.

The skeleton does not and you can even bring that on the day.

keepswimming

ok thanks, and I do mean a big thanks for all the help, I know my questions can be a little daft, it gives me a direction to go in.

I m not sure my WS will be that much of a read as there isn't much to the situation really. when I did my defence I did append evidence in that, which I have collated already, and I ll see what I can find on getting court transcripts of cases I ve referenced.

so if I quote Henry Greensdale do I need to be able to reference the document its from or can I just quote what he has said? and the same goes for cases where Elliot and loake (for example) have been thrown out as irrelevant, would I need the transcript or just the case info and a synopsis of what was said? (like parking prankster does in his blog)
thankyou

Lamilad

keepswimming wrote: »

ok thanks, and I do mean a big thanks for all the help, I know my questions can be a little daft, it gives me a direction to go in.

I m not sure my WS will be that much of a read as there isn't much to the situation really. when I did my defence I did append evidence in that, which I have collated already,

That evidence may not have found it's way from Northampton to your local court so make sure you include is again in you bundle.

keepswimming wrote: »

so if I quote Henry Greensdale do I need to be able to reference the document its from or can I just quote what he has said? and the same goes for cases where Elliot and loake (for example) have been thrown out as irrelevant, would I need the transcript or just the case info and a synopsis of what was said? (like parking prankster does in his blog)
thankyou

You include the physical evidence in your bundle, don't assume the judge already knows about this stuff. Print out the page from popla annual report with HG statement (think it's page 13). Print EvL transcript and highlight the sections that your referring to in your WS (make it easy for the judge to follow your argument)

Where you refer to cases that don't have transcripts quote the claim no. and as much detail as possible (date, court, judge, parties involved).

It's much better to refer to a fact in your WS then point to the evidence that proves that fact. Also makes it more difficult for the claimant to rebut.

keepswimming

great stuff thank you.
I'll set about collecting the relevant information and try and get this lot set out and ready to go.

keepswimming

hi forum,
i m suck on a point and any advice would be good. I ve previously asked about the part 18 I sent off many weeks ago, and have since received a reply (which I posted basic reply received)

the issue is I have submitted my defence sometime ago with my the points I wish to dispute, however in the part 18 received they mention a case CPS Ltd v AJH Films Ltd, now I know what the case relates too, however I ve read many times I cant add to me defence, so how do I argue this point if I cant add to my argument?
or is there a way of adding this to my WS or skeleton argument?

thanks.

Coupon-mad

CPS v AJH Films turned on the point of the law of agency, and found that the driver was an employee of AJH Films on company business & was deemed to have entered into a contract on behalf of the company. This case has no application in law in 'ordinary' motorist cases where the Registered Keeper is a private individual.

If you've already submitted your skeleton, you can challenge this specific point as above, if it is discussed at the hearing (the Judge may well - and should - dismiss it out of hand anyway).

keepswimming

thank you, I submitted my defence as my previous post, but not yet submitted my WS. I ve read the information on AJH films and I agree,
so basically I can only submit my WS and any skeleton argument (with evidence) covering only the points I ve mentioned in the defence, and anything else I have to argue on the day.
so since I gave BW legal 14 days to reply to part 18 and they took a month to reply after my defence went in, which meant I couldn't add the AJH points to the defence, is this worth mentioning in a skeleton argument? or just dispute on the day.
thanks