CPM Gladstones Court Claim

CrazyM101

I posted the papers to the court last week and received an email acknowledging receipt.

I emailed Gladstones the signed pdf copy of the bundle yesterday - which is 15 days prior to court.

I have received nothing from them yet - today is the 14th day...

Court date is 27th

Coupon-mad

Read CEC16's thread! It's near the top right now. Read the court report from 11th.

And file & serve a skeleton argument & exhibits NEXT WEEK as explained here:

https://forums.moneysavingexpert.com/discussion/6002374/civil-enforcement-county-claim&page=2

You must do this as it can win the claim and will make the Judge think about the added costs and the sign.

CrazyM101

Hi CM - just read the whole thread, awesome summary and thanks to all for attending and getting a brilliant result!

I'd like to know how I would go about getting the case struck out as they have not sent me their witness statement yet and today was the last day?

PS. Also want to add the Abuse of Process in my email.

Need help with what to send in the email to the court.



Thanks

CrazyM101

Their WS arrived today - 3 days late. I'm still going to email the court on Monday and make a complaint.

Will put up some of their text and legal references later tonight.

CrazyM101

Just reading through the below post, I'll incorporate some of your wording CP - thank you!

https://forums.moneysavingexpert.com/showpost.php?p=76468705&postcount=14

I have a Jack Chapman sig although his address is stated as New Road, W1B (Marylebone) and he claims he is an employee of the claimant.

Sig below:
https://drive.google.com/file/d/1vA0Th8whB8c6YUYQ3EwLouYv5Xy09xxt/view?usp=sharing

Will send an email through on Monday and if no response by Wednesday I'll start preparing the skeleton argument.

CrazyM101

I have a newbie law question.

Only the claimant can provide a witness statement - correct?
Gladstones are representing the claimant and cannot give evidence, they can only defend their client's statement and also attack mine.

So, as the claimant is referencing several case laws with outcomes in their WS - it is obvious that it has been written by a law firm and not the claimant. Is this the correct procedure?

Should the claimant be sending in a witness statement WITHOUT case law reference and let their legal team include case law under separate documents but within the same bundle?

[Deleted User]

Basically, I'd agree and would exclude them if I was a DJ.
The rules relating to evidence are slightly different in small claims, so your entitlement to strike out statements as an abuse doesn't necessarily follow, as far as I can tell.

The statements served by Gladstones and the like would never fly in the senior courts. You are right to point out (and may choose to raise with the DJ) that:

* They are chock full of legal argument and expression of case interpretation NOT fact
* The author of statement will invariably not be there to give evidence
* The information relating to the site will usually be secondhand knowledge from interpretation of the office files.

CrazyM101

Thank you Johnersh!

CrazyM101

I've added all three Jack Chapman signatures in the same pdf and also zoomed in and pasted all on the same page for judges to review easily


https://drive.google.com/file/d/1vA0Th8whB8c6YUYQ3EwLouYv5Xy09xxt/view?usp=sharing

[Deleted User]

Subject to the caution that CPR 32 does not apply to small claims it is worth a quick look at JD Wetherspoon v Harris (para 32 onward) which deals with a statement that is recitation of legal argument.