Claim defence

Lamilad

I'm torn with how to reduce this in size without loosing the impact of the 3 main defence points. I have opened with the Keeper liability but maybe don't need to? I have see some SA's that must be 4 pages or more and basically tear down the claimants WS, this is only 2 pages and I have plenty more to say 'verbally' that rebuts their WS. Have a look please chaps and give me your valued opinions

Why are you obsessing about keeping your SA so short? I agree it should be sharp and concise. An SA cab be upto 25 pages long so don't stress over the number of pages. It's more important that it's pertinent and on point - avoid 'waffle' and long explanations.

Every SA I have submitted has been over 5 pages, one was 16 pages. It just depends how much of the case you want to deal with orally in court. Your SA should certainly focus on your strongest arguments and attack the parts most damaging to their case.

completelyfubar

Hi Lamilad, it was just a comment from an esteemed member that made me concerned and the sticky links do support an SA that gets to the main points of defence.
I do want to attack the main arguments and hope my SA has done that as it stands.
I could also rebut more of their witness statement but I think their claim will fall apart on item 2 never mind the rest.
Any comment on the content so far would be very much appreciated?

claxtome

I would second what Lamilad has said about length of SA.
(He is more experienced than me as has won a few times at court).

I have produced only one so far for the case I took to court which was about 4 pages long.
(I had help to write it from one of the 2 legally trained people on here - Loadsofchildren123)

I have had a quick look at your SA and looks ok in my limited experience.
I would continue to extend if you have more to say.

The one I produced is here if it is any help (totally different scenario to yours)->
https://forums.moneysavingexpert.com/discussion/5640401

HTH

nosferatu1001

Two pages is good, and fine. It was more of a target to get you to write concisely - its harder to write short and snappy than long and waffley!

completelyfubar

Cheers nosferatu1001
Content seem OK?

System

@completelyfubar

Are you on today? If so good luck.

completelyfubar

Gents, I was in on Tuesday but had to catch a flight later that day (work commitments)
Just got back in the UK so will summarise my experience as soon as I can.
But, just to update the thread.... I tore their claim apart and it was thrown out.
They paid my fee's for the day, over a hundred quid.
Happy this one is over but I now have another to follow... fun & games

System

but I now have another to follow

You should try to get them to withdraw on the basis that the case has been decided by a competent court on the same facts (res judicata).

Continuing when they have had a judgment against them is an abuse of process and unreasonable behaviour. You may want to get a transcript of your case to present to the court in your WS if they press ahead.

completelyfubar

Thanks IamEmanresu, I was thinking the same thing but not sure who to approach.
If I approach GS I expect they will just ignore me but UKCPM may sit up and listen?

nosferatu1001

Approach both

Assuming the other is allocated to the same court see if the court will take notice - point out the POC are materially the same, bar dates.