Excel BW again

claretmad62

Cant thank you wonderful people enough for responding so quickly, very much appreciated.

Loadsofchildren123

claretmad62 wrote: »

I'm a tad worried at the moment, the date for our hearing is the 27th June. I am away most of the previous week in Ireland, I assume this is when I may receive the claimant Witness Statement (as they always seem to be last minute) I will have no time to pick holes in it in my Skeleton Argument. I travel on the Tuesday and had intended putting in my SA before I went. Thoughts please

Make sure you write to them now to say that you would like all correspondence/documents emailed to you from now on because you are going to be away from your ordinary address.
Try to delay the Skeleton until you have the paginated bundle, because ideally you should cross refer it to the relevant pages in the bundle. I'd advise serving the Skeleton by the end of the day on the 21st which will be the day after you get the bundle I think - this would give them 3 clear working days having it before the hearing. I can see you're travelling on the 20th, so get it all ready before you go, then all you need to do on the evening of the 20th/in the day on the 21st is insert the page references.


Send it to court and to the solicitors.

claretmad62

LoC123, thanks for that info. Pretty much got everything ready on my WS & SA, and will as you suggest wait until such time I have the other parties WS before forwarding on. I have put together a schedule of costs, using the template gleaned from here. Does this need to go as a separate document, or can I include on the bottom of my SA ?

Loadsofchildren123

Well you can put it in your Skele or as a separate document - a costs schedule has to be served/filed at court at least 24 hours before the hearing. If you decide to do that, add a para at the end of the Skele: "I intend to apply for a costs order pursuant to Rule 27.14(2)(g) in respect of the Claimant's unreasonable conduct in bringing and pursuing this baseless claim. A costs schedule is attached".


Did you ever see my costs argument which I used to argue that I should get costs under R27.14(2)(g) because of the Claimant's unreasonable conduct? You could use that on the day, or serve it with the Skeleton - you'll need to print out the cases I referred to, but they are all online if you google them. You'll probably need to adapt it a bit (for instance, there may not be letters they didn't reply to, so delete those bits, and you may not have done a Part 18 Request like I did, so delete those bits) and you'll need to add in the page references where there you find "[page ref]" or "[ref]". I started to amend it to try to make it shorter and will post it for you tomorrow.


https://www.dropbox.com/s/mc7xhbc2tsuz384/COSTS%20APPLICATION.docx?dl=0


Here is the old version if you want to have a look.

Lamilad

Brilliant stuff LoC123!

claretmad62

LoC123....invaluable info there...many thanks.

Loadsofchildren123

I think you must refer to the cases. DJs don't like doing anything out of the ordinary and need case law to convince them.

claretmad62

Just got round to reading your link in more detail, think I will cherry pick certain parts of it that are relevant to our case. As no Part 18 requested and they did ask for mediation. But the majority of your document is gold dust.

Loadsofchildren123

Try to make it shorter without losing the thrust of the arguments. I find it really hard!!! It's a fine balance between putting in enough detail to convince the judge and too much :Dwhich will put a judge off.

claretmad62

Haha...." I find it really hard"...me too, but totally agree it being a fine line in getting your point across & keeping the DJ focused shall we say.

Thanks