Excel BW again

Lamilad

Para 5 of your SA should be para 3 as it flows from para 2

claretmad62

It's all saved on my works PC, so will revisit tomorrow....but please critique what you can.....

[Deleted User]

There is no need to lodge copies of any reported (published) cases at Court. If you send them too much, they simply won't do the pre-reading you want them to.

All you need to do is bring copies of the reported judgment with you to the hearing if you refer to them. As others have noted, most of the lengthy Beavis judgment is irrelevant given it was heard with a commercial claim.

Unreported cases or other documents should of course be lodged with the witness statement.

claretmad62

Sorry but getting totally confused now, my SA has far more detail than my WS. I thought I was somewhere near, but seemingly not.

[Deleted User]

The skelly should be pithy. It is a punchy, shorter encapsulation of the case. You should try not to have it simply become a second defence saying exactly the same thing with no more brevity.

claretmad62

Johnersh, ok. Will work on it over the weekend and re-post....crikey thought I was nearly there. This really is not coming easy to me, and only 3 week away from our date !

claretmad62

Johnersh, you may not be aware...but my initial defence was very poor, for all sorts of reasons.
Coupon-mad was brilliant and put together a template for my WS & SA for me to work from..I am assuming CM laid it in in that way because of my poor defence., I have tried to do it the best I can. There are certain things that are perplexing me, if people are putting in there WS before the have receipt of the Claimants, what document are they using to challenge the Claimants WS and re-sending thru...are they changing their own witness statement or is that going on a SA. I'm just changing things around on my bundle and would really appreciate peoples advice...some of the link CM gave me are over 50 pages...should I be shortening that if possible ? I'm running out of time now, because I'm going away soon. If it helps doing this by PM please let me know, I need to get this sorted.

Loadsofchildren123

https://www.dropbox.com/s/4cn1tbjiim1ycsl/COSTS%20APPLICATION%20updated.docx?dl=0


Here is a shortened costs application - you must take copies of the cases with you. DJs don't like doing anything out of the ordinary and can only usually be persuaded if case law is produced.


On the bundle point you raise - your directions will say that you serve a WS by x date, along with any documents on which you seek to rely.
There are 2 categories of documents:
1. those referred to in your WS which you exhibit to it.
2. others that you don't refer to but want to rely on.
Your directions order probably provides that you are to serve/file these all on the same day.


The point about producing them now is that they will all go into the paginated trial bundle which the C's solicitors have to make (usually this is included in the standard directions order - but I have seen orders which miss this out). Assuming your order includes provision for a trial bundle, when you finalise your Skeleton, insert the page references to the trial bundle in there, so that your Skeleton is nice and short.


The only docs you should be referring to but not producing now are the cases. Anything else should go with your documents now. Where documents are long but only a small part of them are relevant, put in only the relevant page. But take with you on the day the full version in case the judge asks. Same with the cases - particularly the long ones like Beavis. Have with you the full version but hand up only the relevant parts (where it's a short case you might as well hand up the whole thing, but where it's longer like Beavis only the short bits - otherwise the judge will get cross at being given such a large amount of paperwork).


I'll have a look at the docs now that you've posted the link for.

Loadsofchildren123

Your documents look fine -
All of the documents referred to in your SA are the documents exhibited to the WS (listed at the end of it).
So you are producing nothing new with your SA, you are just cross-referring it to the WS documents.
The one long exhibit, the Beavis case, you should just provide the extracts that you are relying on, and turn up with the full version on the day.


Cross refer the points in the Skeleton to the page numbers in the trial bundle when you get it - like this in square brackets [page x].


The SA may require some updating when you get the C's WS (as you rightly point out)

claretmad62

LoC123, just made some more amendments, reduced the large files by printing 2 x A5 per A4....will put back up soon.

Thank you