Parking in own space - Gladstoned

Le_Kirk

Also in post # 43: -

4. Send that pdf as an email attachment to [EMAIL="CCBCAQ@Justice.gov.uk"]CCBCAQ@Justice.gov.uk[/EMAIL]

KeithP

johnsmith1890 wrote: »

Can you clarify when the defence must be in? I'd like to post it recorded delivery, if time permits.

I can confirm that the information given in post #43 above is correct.

Hope that helps.

johnsmith1890 wrote: »

I'll do a PDF and submit it via MCOL

No, please do not do that.

That's a silly idea - but you already know that having read the NEWBIES thread.

[Deleted User]

Okay guys, thanks again for your help. The Defence has been emailed, as suggested above. However, in NEWBIES, Bargepole is still suggesting the defence should be sent by post. Presumably this is just a case of advice that needs updating in the light of experience of the last year or two?


Now that we've emailed the Defence, is there anything to do at MCOL, particularly regarding the 'Start Your Defence', or do we now wait for a response of some sort? Thanks.

KeithP

johnsmith1890 wrote: »

Now that we've emailed the Defence, is there anything to do at MCOL, particularly regarding the 'Start Your Defence', or do we now wait for a response of some sort? Thanks.

Nothing more to do on MCOL.

Re-read items 6, 7 and 8 on that list in post #43.

[Deleted User]

Hopefully a minor point, but perhaps worth asking. In Bargepole's template defence we have:


12.1. In the alternative, the Court is invited, under the Judge's own discretionary case management powers, to set a preliminary hearing to examine the question of this Claimant's substantial interference with easements, rights and 'primacy of contract' of residents at this site, to put an end to not only this litigation but to send a clear message to the Claimant to case wasting the court's time by bringing beleaguered residents to court under excuse of a contractual breach that cannot lawfully exist.

I guess the highlighted word is a typo and should read cease. Might the court, or the claimant, go through the defence document with a fine tooth comb looking for the slightest irregularity, and take such matters into account, or the claimant try to use such trifles against the defendant in some way?

Coupon-mad

No, it's clearly just a typo.

[Deleted User]

Now got a letter from Gladstones suggesting the case is dealt with "on the papers" and the client has "elected not to mediate" but is "happy to listen to any genuine payment proposal".


I've heard of this before and recall reading threads where the advice is to insist on an oral court hearing (can't find anything in Newbies). What's the best way to proceed? Presumably if we ignore this letter, the case will be dealt with on papers only, and we do have to explicitly reject this "offer"?

KeithP

johnsmith1890 wrote: »

I've heard of this before and recall reading threads where the advice is to insist on an oral court hearing (can't find anything in Newbies). What's the best way to proceed?

Re-read items 7 and 8 on that list in post #43. (I've said that before - see post #65 above)

The best way forward is to re-read post #2 of the NEWBIES thread.

In particular, read the 'what happens when' post by Bargepole linked from there.

[Deleted User]

KeithP wrote: »

Re-read items 7 and 8 on that list in post #43. (I've said that before)

The best way forward is to re-read post #2 of the NEWBIES thread.

In particular, read the 'what happens when' post by Bargepole linked from there.

Read it. Thanks - and to Bargepole for a comprehensive explanation.


BTW - what is their game? Do they always proceed, even if there's a cast iron case against them?

[Deleted User]

Just realised - having received the letter from Gladstones about how they want to handle this "on papers", we have not yet received N810 from the court. Should we have received it by now?