Excel BW again

[Deleted User]

Hi Claretmad I've been out this evening, but I see Lamilad has already been to the rescue. At 16 pages his example possibly lacks the brevity that I'd like, but it is beautifully presented. I would normally draft a skelly in a very similar format.

claretmad62

Many for the input, quick question. Do I leave my WS as it is, or do I need to link my appendix to WS and not SA. Going to try and get onto it today as it's beginning to take its toll on me....I'm a worrier unfortunately! Thanks anyway ��

Lamilad

I would leave your WS as is, with the appendices included.

Whilst I agree with everything Johnersh had said above, I would leave in the stuff about watchdog and Martin Cutts.

He's right - it's not law and it's likely the judge will not be interested in it; but standards of evidence are less formal in small claims and you can get away with a certain amount of commentary.

In my view it's not a bad idea to use this to attack the claimants credibility. Especially as Excel have no proof of driver which means they have to convince the judge to believe them over you (balance of probabilities).

Lamilad

Remove PoFA from your evidence. You don't need to refer to something that did not exist at the time.

claretmad62

Ok.....so I can't change the skeleton to much because it references the appendix's. Read the SA you put up on Friday....great document

Loadsofchildren123

I'd leave in the RTA case law. DJs are junior judges and certainly in the provinces they like to be given chapter and verse on the law.
In the larger cities you might find the DJs are more specialised and know their stuff more. But certainly where I live most of them don't know their !!!!!! from their elbows.

claretmad62

Thanks to you all for you help over the weekend, sort of lost my way as all the very well intentioned advice totally stressed me. Ive decided after a long hard think to leave it as it was, refine it a bit using the SA Lamilad kindly linked, take all the PoFA stuff out...and to pretty much stop stressing, its not the end of the world. I've busy time ahead with work then Belfast & Court on the 27th June & assuming its not 14 working days I have till next Tuesday to get my WS in. I'm hoping I get their WS before I leave on the 21st, which will allow me (with your help) to pick the bones out of it & then send off my SA.
All you Girls and Guys are brilliant & I can't thank you all enough for your help.

Loadsofchildren123

It's 14 days not including day of hearing or day of sending. But lots of people calculate it wrong and include those days and nobody bats an eyelid.

claretmad62

Morning to all, just having a read through the Court paper. It states in the directions that all documents that the parties intend to rely on must be at the Court no later than 14 days before the hearing...just checking that doesn't mean my SA, which of course is normally a couple of days before.

System

just checking that doesn't mean my SA

Correct. SA is 3 days before in higher courts but you can hand it in on the day for County Court.