Excel BW again

[Deleted User]

Hi claretmad62

Your approach above is fine for online viewing, but the Court will require papers in A4.

There's nothing inherently wrong with the documents i've now scanned, save that it is unusual to have any appendix to a Skelly.

As others have said, you will need to bring spare copies of the cases to the Court hearing but none of those need to be attached, it is sufficient to have referred to the cases in the statement (on the assumption that everyone can look them up in advance if they wish to).

Deep breath - you'll be fine!

claretmad62

Johnersh...I think this is where I have struggled to comprehend the terminology, CM set me off with the template so I may have misunderstood at some point with regards to the laying out of it all.
I am making some changes and will put back up, it will be greatly appreciated if you could all chip in...beginning to feel the pressure somewhat!

Thank you

claretmad62

Ok, so amended a few more bits...shortened some documents, and showed relevant info.
I understand you've all loads of other stuff to do, and I cant thank you enough for your support so far...need to get this one done and dusted.
So if anything needs changing, please let me know.

So as I see, Deliver by hand WS & the full bundle (1:16) to Skipton Court, email to BW copying myself in. Then wait on receipt of the C's WS, and you great lot will help me pull it to pieces and add comments to my SA. I do apologise for possibly going over the same points, I'm a Mechanical Engineer by trade...so much easier!

https://www.dropbox.com/sh/35f3hcb5laysoao/AABk0-qcyPTkrCjaiM0hTNdda?dl=0

Thanks

DoaM

You can email it to the court too, but delivering a physical copy will be helpful to the court as they then don't need to print it out.

[Deleted User]

OK, I appreciate that this is more my world than yours, but here's my thoughts on the skelly.

We need to thin it out a little and you MUST insert some sub headings. Your arguments are good, but address some very different points of law. It will help the reader enormously (and the judge is only human) if you signpost each of the core arguments, for example as set out below:

(a) Standing to bring claim (locus standi)
(b) planning consent
(c) notice of onerous contract term

1. Your paragraph (4) do NOT refer to the £200 odd as the correct amount. You are asking the Court to disallow almost of the entirety of it.

2. Unless the Defendant has said what arguments they are relying on, I am not a fan of citing potential cases that may be relied upon and distinguishing them. You can do that in Court if they raise them as you are absolutely entitled to respond to their arguments. The possible exception to this is Beavis which seems to be relied upon by every parking company as the "magic bullet" to claim success.

3. The Skelly is your argument - get rid of all references to BBC Watchdog episodes the judge has never seen, captain clampit and the plain english campaign (it's not law, it's unnecessary padding that detracts from your better points). Less is more with the Skelly.

4. I would also remove the case authority references to RTA. If the judge really likes the point on illegality, he'll strike the Defendant case out, he doesn't need a law school lesson (nor indeed the recitation of old latin maxims - fun though that may be!)

5. Denning's "red hand rule" is taken from J Spurling Ltd v Bradshaw [1956] http://www.bailii.org/ew/cases/EWCA/Civ/1956/3.html if you are really minded to print out all of your cases The relevant part of the Judgment is: I quite agree that the more unreasonable a clause is, the greater the notice which must be given of it. Some clauses which I have seen would need to be printed in red ink on the face of the document with a red hand pointing to it before the notice could be held to be sufficient.

I have not looked through all the attachments but I assume we are now so long after the event that neither party will have contemporaneous signage that specifies parking terms clearly - let alone to evidence any entitlement to indemnity costs.

[Deleted User]

Finally, if your documents are extensive (and they appear to still fall within that classification) do not assume that the Court Clerks will bother print your exhibits. They simply don't have the time - but they will copy out the statement and skelly without them.

This was what happened to a recent (successful) forumite. Lesson: File a paper bundle.

Lamilad

do not assume that the Court Clerks will bother print your exhibits. They simply don't have the time - but they will copy out the statement and skelly without them.!

This was what happened to a recent (successful) forumite. Lesson: File a paper bundle.

CM62 has stated he will deliver a hard copy of his bundle to the court.

So as I see, Deliver by hand WS & the full bundle (1:16) to Skipton Court

[Deleted User]

Of course. Sorry, I obviously got a bit fixated on DoaM's suggestion!

claretmad62

Johnersh, I take on board your comments..but Im really struggling exactly how to lay it all out. Will give it a shot and post back up.

Lamilad

This may give you some ideas...

It's a skeleton argument from a case I assisted with recently (not written by me)

https://www.dropbox.com/s/ojb2w37vx7hhegm/VCS-v-Quayle_Defendant-Skeleton-Argument%28rev%29.pdf?dl=0

It's lengthy but it's well laid out with subheadings and spacing... so whilst it's too long it is actually easy to read