Defence mitigating circumstances

Staceyplindfield

Great will check and amend thankyou

Ralph-y

good luck ....

Ralph:cool:

Staceyplindfield

Thankyou have edited the above.

Staceyplindfield

Thankyou going to need it!

Staceyplindfield

Please can I ask for assistance? I am about to send my ws, before I do - I have just read that the skeleton argument can be provided anytime up to the hearing date (advised 3 days before hearing) is this still correct? Or do I send with ws? I have been reading through skeleton templates and it seems I have covered all points in my defence/ witness statements - just want to check repetition is ok or avoid skeleton argument?

claxtome

I have just read that the skeleton argument can be provided anytime up to the hearing date (advised 3 days before hearing) is this still correct?

Yes but need to send to both Claimant and court.

Or do I send with ws?

I would send separately.

I have been reading through skeleton templates and it seems I have covered all points in my defence/ witness statements - just want to check repetition is ok or avoid skeleton argument?

It is not mandatory. I produced one in my case mainly to summarise what I would say on the day but written down. Also enabled me to rip apart their WS. Duplication is allowed.
How confident are you presenting your case without it?

Staceyplindfield

Unfortunately I'm not confident at all, just think I've read too much and overloaded without digesting it all so keep reading and going round in a vicious circle! I will crack on with my skeleton and post for confirmation that it's ok, glad that's the answer as gives more preparation time!
On the day do I need o ask for right of audience?

Lamilad

Your skeleton can be produced in the day but, as above, it is advised you send it a few days in advance... You want the judge to have read it before you go in.

You can just give the claimant a copy on the day but it's my preference to serve them a copy when you file it with the court... Shows you're being 'reasonable'

Your SA should not be a repeat of what's already been said in your defence and WS unless you are elaborating these points and turning them into legal argument or referring to evidence.

If you've already made your legal arguments in your WS (as many do in small claims) then you don't need an SA, you can just write a list of notes summarising your case which you'll use as a 'prompt sheet' at the hearing

Coupon-mad

On the day do I need to ask for right of audience?

What do you mean? Are you a lay rep for the defendant, accompanying them?

...or do you mean, do you need to challenge the RoA of the other side's hired gun? (yes!).

Staceyplindfield

No I am the defendant and won't have a lay rep, I read that sometimes asking this can upset the judge?