Letter of Claim from BW Legal

tor140

Le_Kirk

A Skeleton Argument is supposed to be just that - a skeleton - and you have too much flesh on the bones!  It is supposed to act as an aide memoire and as a footpath through your defence and WS.  In my opinion, if it is longer than a defence or a witness statement it detracts from, rather then adds to, your case.  Check out some court reports written on this forum by posters about their experience in court, you will see that they don't often have time to speak about the defence and WS never mind another document.  No reason why you shouldn't use a skellie, particularly if it is a complicated case but make sure it does it's job to aid you and the judge.

tor140

Coupon-mad said:

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

Thanks, was going on the advise from Coupon-mad as a way of 'adding' in the CRA point. Shall I just scale it right back then and add in some background in an appendix to the skeleton or something or just cut my losses and forget about adding in new arguments.

Le_Kirk

tor140 said:

Coupon-mad said:

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

Thanks, was going on the advise from Coupon-mad as a way of 'adding' in the CRA point. Shall I just scale it right back then and add in some background in an appendix to the skeleton or something or just cut my losses and forget about adding in new arguments.

OK, I've just gone back and read C-m's advice.  I still think you can shorten it without losing any of the impact especially as it is supposed to be a way of introducing the CRA.

tor140

Thanks Le_Kirk. I've chopped it in half. Think I might just take some of the background arguments with me as reference in case it gets queried.

tor140

Posting today to court, do I send copies to BW legal or the actual Claimant themselves?

Le_Kirk

You send to (serve) on the claimant as named on the court form at the address shown on that form.

tor140

Ok, that was a stupid question actually, I forgot to look at the original claim form. Just looked and its states Claimant address...... but it then does actually say below that, address for sending documents and payments - BW Legal !

Coupon-mad

 then does actually say below that, address for sending documents and payments - BW Legal !

Of course, and that's who it clearly goes to...!

When we say ''send a copy to the Claimant'' we obviously mean to their legal rep, if they are using one to file the claim.  The claim wasn't filed directly by the Claimant and nothing goes to their address.  The claim form gives you this info.

BTW that skelly is good; nice and clear to set it out in boxes like that!

Attach one of the Orders re a strike out at Warwick or Skipton or Soton.

As ever - search the forum for it.

tor140

Thanks for the help and guidance. Getting close and the nerves a setting in. Managed to find the Warick order so have added it to the skelly.