Letter of Claim from BW Legal

Coupon-mad · 19 December 2019 at 3:13AM

The court helpline was unhelpful then and plain wrong (I did wonder!).

I take it that means the claim is not struck out and the new court date next year is for the original claim?

Yes.

Remind us of what the court has said about your date to file & serve a WS and evidence and where you are at with that?

tor140 · 19 December 2019 at 9:20AM

There has been no mention in any recent letters to file & serve witness statement again. They were meant to be served 14 days before the first court date, although the letters arrival only allowed for approx. 10 days before, but both parties did already exchange WS back in August.

Coupon-mad · 20 December 2019 at 2:15AM

OK so prepare a supplementary WS and attach the CRA 2015 etc., to cover the added £60 false costs issue, as per CEC16's thread. His case at Southampton happened on 11th November so it is new to your case, to add the arguments successfully used in his case.

File & serve that, and a copy of a couple of judgments about it (Warwick, and any others that appear between now and then) with two weeks to go before that hearing...

tor140 · 4 February 2020 at 9:11AM

Hi, with my court case around a month away I think I need to finalise my supplementary WS and get it off this week.

Couple of questions though. Bearing in mind it has been quite a while since submitting my original WS back in August I'm wondering if there's a way to re-issue my original WS with the supplementary WS appended or would I be able to adjust my original WS as a revision and issue fresh with the updated information?

Coupon-mad · 6 February 2020 at 2:58AM

Hmmm... why not head it up skeleton argument instead, as you can attach legal authorities that support your defence and WS, to that.

tor140 · 10 February 2020 at 11:03AM

Hi, so I've been researching and drafting the skeleton argument, as I didn't really fully understand how to use it before. One question, how close to the court date should I submit, I think it can technically be just before the date reading the guides, was wondering if it's in my best interest to do it say only a week before rather than given the claimant any more time than necessary to come up with counter arguments?

tor140 · 10 February 2020 at 1:34PM

Draft SA attached, if anyone has time to comment. I'm not looking for a full read through, just want to know if the way and format its presented in is correct for a Skeleton Argument. I've taken headings from the Claimants WS and tried to argue them as best as possible adding in the section CouponMad suggested with CRA.

nosferatu1001 · 10 February 2020 at 2:14PM

For a skellie anything under a week beofre is likely to just annoy the court.

tor140 · 17 February 2020 at 9:01AM

Hi, with 2 weeks to go I need to post out the skeleton this week so just thought I'd ask a couple of questions for my own sanity that I'm doing this right.

I have taken arguments from claimants WS and defended them .Is this the correct use of a skeleton argument?
Should I post the skeleton to the claimant or to BW legal as well as the court of course.

Not sure anyone could open the above so will try posting skeleton as image, and see if that works.
Thanks,