Letter before claim from Gladstones Solicitors

Coupon-mad

'husband as a witness' or lay rep, you've said both?  It's not the same thing.

Yes attach the Southampton case because it supports the preliminary matter you are raising, and IF you have a hearing date that you know will now be a telephone hearing, you will need to append your defence, WS, and all evidence again in good time for that hearing.  

Your draft order could add a point asking for your costs to be awarded against the claimant, like @Leviathan747 added to his draft order (I think).

Johnersh

Since you're doing a telephone hearing and there's additional case law you want to refer to, this would be my approach, but there's lots of ways to do it: 
1. Prepare a skeleton argument of key points. This isn't super complex, so I'd  cut jargon and keep it concise (don't lose killer points in waffle) 
2. I'd refer in the skelly to the main cases i relied on (and any C relies on which I say don't apply) 
3. I'd prepare a paginated authorities bundle

Item 3 and your skelly need to be sent to the court and defendant in good time, if possible.

Since published judgments are readily available - this is not an ambush with anything they couldn't have sourced, so don't worry if this is done waay after statements or other deadlines.  It's about making it super convenient before the hearing. 

raddoc

Thanks both. So far just responded to N159 form which came in the post this week and declined for the case to be heard on papers alone. No communication yet from court about telephone hearing. Will follow coupon mad approach to try to get strike out before this.

raddoc

Coupon-mad said:

Your draft order could add a point asking for your costs to be awarded against the claimant, like @Leviathan747 added to his draft order (I think).

Does final sentence of point (a) not adequately cover this ?   
"The Claimant is ordered to pay the Defendant’s costs pursuant to Civil Procedure Rule 27.14(2)(g)."

Coupon-mad

Not really, enough IMHO. It needs to be in the 'order' points not just the 'reasons' and nees to state the sum in your Summary Costs Assessment that you've signed & dated and appended, breaking down your hours of time at £19 per hour (or proving you earn more per hour, and asking for that).

So it needs a third number under 'IT IS ORDERED THAT' and a sum of money stated.  I did explain to Leviathan747 why I don't suggest everyone tries for that...you'd have to be very clear in your WS as to the 'wholly unreasonable'  of the Claimant in pre- and post-action conduct, so the Judge is left in little doubt that the order has merit.

raddoc

Coupon-mad said:

Not really, enough IMHO. It needs to be in the 'order' points not just the 'reasons' and nees to state the sum in your Summary Costs Assessment that you've signed & dated and appended, breaking down your hours of time at £19 per hour (or proving you earn more per hour, and asking for that).

So it needs a third number under 'IT IS ORDERED THAT' and a sum of money stated.  I did explain to Leviathan747 why I don't suggest everyone tries for that...you'd have to be very clear in your WS as to the 'wholly unreasonable'  of the Claimant in pre- and post-action conduct, so the Judge is left in little doubt that the order has merit.

Do I email the draft order to Gladstones too ?

Coupon-mad

You must email everything to Gs, you must be open, so yes.

wrestling231

im in the same boat . i parked at semour grove retail park in 2018. I got a letter from Gladstones today. the parking firm has been in trouble before. they are not allowed to take pics of you outside of the site. here is the link;
https://news4trafford.co.uk/2018/11/16/car-park-enforcement-officers-face-backlash-from-residents-in-old-trafford/

raddoc

Coupon-mad said:

You must email everything to Gs, you must be open, so yes.

Attempt to strike out pre-hearing failed.
Family court date set first week in September after the August BH Monday.
Bundles were emailed to Gladstones and Judge In May as directed. Never received anything from Gladstones other than back in Dec 2019. Do I take 3 copies to print out of my bundle to court ?  

nosferatu1001

So you dont have their WS yet? Why haven't you chased it? Dies the court have it?

no need to take print outs as long as you're SURE the court will have pr8nted it all out. Have you confirmed that?