1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

claxtome

Cheeky Bump to see if someone can answer the questions in my last post.

Lamilad

1. Do the defendant documents in a court bundle need to be copies that show a signature?

Not sure what you mean, which documents are you referring to, and are you talking about the main bundle you will submit to the court and claimant, or the copies you will take to the hearing with you?

Lamilad

2. Now I have produced a paginated court bundle, originated bundle wasn't paginated, can I alter ‘the version of my WS in the bundle’ to use the new paging scheme when referring to exhibits?

Assume your referring to the copies you'll take to the hearing..... The judge will use the bundle you originally gave them, as will the claimant. You can't pass either of them an 'amended' version (their rep would be all over that). Your copy can be anything you want as long as you're the only one looking at it.

Lamilad

3. In the legal authorities (cases) bundle –> If the claimant is relying on a legal case I assume if I want to argue against it I need to include in the legal bundle the relevant parts from that case that back up my argument so I can hand to judge on the day?

If the claimant has adduced a legal case t/s and you want to rebut what they're saying about it or refer to something else in it then you don't have to include the same case (or any part of it) in your bundle (as the judge would then have 2 copies of the same case)

. Just refer to the relevant parts of the case in your skelly along with your argument.

claxtome

Thanks Lamilad.

Not sure what you mean, which documents are you referring to, and are you talking about the main bundle you will submit to the court and claimant, or the copies you will take to the hearing with you?

The bundle (lever arch file) I originally gave to court, which included my defence statement, witness statement, evidence and CoP, had each document paginated. (I.e there will be 4 page 1's) so was suggested to produce a new version which has a unique page number for each page (no duplicate page 1s) and hand in at court with my skeleton argument referring to it. So the only change to original folder is changing page numbers and including an overall index.

Does that help answer number 1 (wanted to know as obviously having to reprint each page) - sounds like the answer to 2 is a definite no.

Lamilad

Do I need to include all Legal cases from my defence/witness statement even if not still arguing that point in my skeleton?

Technically, anything that is "case law" - such as Beavis does not need to be included as the judge has a direct link to the moj database with access to laws and statutes.

But it's recommended you do include any cases you are relying on for convenience - DJs are usually grateful.

You don't always need to include the full t/s - just the relevant pages

Lamilad

Does that help answer number 1

Well I'm not sure as you were asking if the documents in your bundle need to show a "signature"?

was suggested to produce a new version which has a unique page number for each page (no duplicate page 1s)

You cannot give the court an updated version of your bundle even if it's just page numbers. You open yourself up being accused of trying to add documents well past the deadline or make changes at the last minute.

Both of which you're not allowed to do... Why give the claimant the opportunity to make a big deal out of it and potentially risk an adjournment with a wasted costs order.

Yes... Your bundle should have been numbered sequentially throughout (surprised you didn't see this advise in the NEWBIES thread) but this really isn't a big deal, esp in small claims..... Def not worth risking the above.

claxtome

Thanks Lamilad I heed your warning.

The main problem was the bundle was produced 3 months ago as that was when the WS needed to be submitted.

It was LoC in a PM the suggested producing a new paginated bundle. The advantage I can see of a new bundle:
1) Without it is not easy to reference things as pagination is not simple
2) The original bundle didn't include defendant's statement, FOI since then, correspondence via email so not easy to refer to things as not in courts bundle.

I am now very reluctant to hand over a new bundle given what you said

Lamilad

!the bundle was produced 3 months ago as that was when the WS needed to be submitted.

How come? I've never known a bundle have to be submitted so early.

) Without it is not easy to reference things as pagination is not simple

Not AS easy, perhaps, but instead of saying:
"I refer to I] evidence[/I at page 32"......
You say
"I refer to I]evidence[/I at page 4 of the Legal authorities section"

2) The original bundle didn't include defendant's statement, FOI since then, correspondence via email so not easy to refer to things as not in courts bundle.

So, are you wanting to add evidence to your bundle?

"Defendants statement"? - do you mean "defence"? Because the court will already have that... Surely it contained your WS?

claxtome

How come? I've never known a bundle have to be submitted so early.

The court order stated that they wanted all evidence towards the end of July.

So, are you wanting to add evidence to your bundle?

"Defendants statement"? - do you mean "defence"? Because the court will already have that... Surely it contained your WS?

the "defandant's statement" refers to a second witness statement, sorry for confusion, from a new witness 'Kezza15' who's case was the same car park and same problem and was thrown out by a judge just over 2 weeks ago. The FOI response was not received until late August. So are not in the bundle for obvious reasons.
The second witness statement has been filed with the court but not the FOI as it is not a pleading.