VCS Ltd - County Court Claim - DEFENCE HELP

lanethomp

I’m thinking I should have done a skeleton argument, just to try and do away with their legal points. Their witness statement is incredibly legal based, ours focuses on facts and events.

So in case I get a judge who wants to focus on that I want to be prepared.

Is it too late? I’ve seen somewhere that the skeleton doesn’t need to be filed 14 days prior as it’s not quite the same as the WS - is that right? It obvs won’t form part of our bundle but may at least just give me a verbal answer to claimants sides in court.

System

Their witness statement is incredibly legal based, ours focuses on facts and events.

Seems like a template. Facts and evidence are the way to go

Is it too late?

At this level of court, they are not needed. These cases are very simple legally and all the nonsense they send is just a diversion.

What a judge does is to compare/contrast both WS and sees where there are points of difference. He then decides which column those points go into (Claimant or Defendant) based in the facts/evidence and then makes a decision based on the applicable law.

So you can do the same and simply use it as a point-by-point reminder when you are called to speak - or you can write it up and call it a Skeleton.

lanethomp

Thank you that’s really helpful advice.

I’ll start work on something tonight using a format I’ve seen on here where it’s split into a table.

I will redact both court bundles and link them here later for info as well.

I’m attending as lay rep - am I right in thinking I can just notify court and claimant 24hrs before the court date.

Case is listed for 9th October

nosferatu1001

If you submit a skellie 3 days befpore, youre all good. Id also include a Costs Scheddule in it, so they cannot complain.

Lay reps do not need to notify the court, but of course the NAMED DEFENDANT *must* also be there

lanethomp

Thank you - costs schedule filed within the bundle.

The named defendant will be there but under strict instructions to keep quiet so that he does not let his emotions get the better of him!!

bargepole

lanethomp wrote: »

The named defendant will be there but under strict instructions to keep quiet so that he does not let his emotions get the better of him!!

That may not work. If the Defendant is asked questions directly by the Judge, or is cross-examined on his statement by the other side's advocate, he must answer for himself.

There is one Judge at a local court I go to, who makes witnesses stand in the witness box to give their evidence, either under oath or affirmation.

So your man needs to be fully up to speed on the contents of his statement, and be prepared for questions that may come his way.

System

There is one Judge at a local court I go to, who makes witnesses stand in the witness box to give their evidence, either under oath or affirmation.

With the PPC witness conveniently missing for the day.

bargepole

IamEmanresu wrote: »

With the PPC witness conveniently missing for the day.

Yes, but this Judge then heavily criticises the Claimant for failing to provide a witness.

I've seen him hear three parking cases, all decided in favour of the Defendant, but perversely never on the arguments put forward in the Defence, he likes to find his own reasons.

System

Perhaps defendants should offer to give their evidence either under oath or affirmation if the Claimant would do the same.

Would shorten a lot of cases.

lanethomp

Hi all.
We sent the court bundle to VCS via email and they have replied to say we are not allowed to do that and we have to post (we are now less than 14 days from the hearing).

Pretty sure I’ve read on here that emailing to the claimant is accepted? I hand delivered to court.

Thanks in advance