Small Claim Now Issued - bwlegal - letter of claim, reply then response, next steps

samboella

Thank you for taking the time to respond Le_Kirk.  I came to the conclusion last night that I needed to remove the things that didn't make sense to me because I don't want to be trying to defend things that I don't understand or aren't relevant, which there was quite a lot!  So have removed quite a lost and added some more details citing other cases.  
I am a little nervous about referencing other cases as the legal-speak can sometimes be confusing and I would like to make sure I'm doing It correctly.

I called the court today to provide my details for the meet-me hearing.  Interestingly they said I only needed to get the evidence in a few days before (at the absolute minimum) but I will still submit it tomorrow, two weeks ahead of schedule.
I wasn't sure whether to also send in a hard copy.  They said that the judge hearing my case is based at the court and has his own room there so they will have access to all the papers in my bundle.

Le_Kirk

In the days of F2F hearings it was customary to hand deliver your witness statement, evidence and summary costs assessment to the court.  Nowadays for telephone/video hearings the court requests e-mail.  Your notice of allocation giving the date of the hearing should have this info.

samboella

I wonder if anyone could clarify something for me?
I submitted my Witness statement and almost immediately received a response from the bwLegal solicitor requesting my WS be debarred from being used as evidence because "reference is made to correspondence marked “Without Prejudice Save as to Costs” and emails exhibited containing the aforementioned without prejudice discussions."  I'm not too sure what they are trying to say exactly.  Is anyone able to shed any light? I had included a copy of an email communication from myself to bwLegal which mentioned had the term "without prejudice save as to costs".

Also, having received their rather hefty witness statement and submitting mine, I have now received four emails containing "their client’s trial bundle which will be relied upon at the forthcoming small claims hearing".  I'm slightly confused.  Is the Witness statement not relied upon in the hearing?  Does this mean I have to put together a bundle and send that over prior to the hearing as well?
Thanks in advance

nosferatu1001

Oh
Why on earth did you include such an email? WP save as to costs means it cannot be given to court until after the judgement is given - thats what the phrase means. 
Even worse if you had it on your email, to them, as it measn you put something on the top which you didnt know what it meant...


Were you required to create a bundle for say a telephone hearing? You know, we dont. Look at your Orders from the court. 

Le_Kirk

If you have received letters from BW Legal marked without prejudice save as to costs it means that it cannot be introduced into the hearing except when it comes to the judge apportioning cost to the successful party.  Hence why they objected.  Presumably you have filed the WS with the court.   Trial bundles ae being used for video or telephone hearings; refer to your notice of allocation for details of what you should be supplying.

Coupon-mad

Remove that email and re-send a fresh bundle to the court and BW. 

You CANNOT talk about WP offers in court except when it comes to costs at the end.

samboella

nosferatu1001 - I was disputing the claim that I had not corresponded with the claimant throughout the process and included a copy of an email thread that I sent to them (the email contained the statement originally).  With regard to your comment "Even worse if you had it on your email, to them, as it means you put something on the top which you didn't know what it meant" the email I sent was requesting further information from them way back in 2018 and I obtained details of the email content from this forum.  

I completely rewrote my WS as I realised the one I copied on here was not hugely relevant to my case in lots of places.  I have used examples from threads which refer to other cases which were dismissed as an abuse of process etc. so I'm fairly confident I understand everything that my WS says.

Le_Kirk, okay thank you.  This makes sense as the WS I received from bwLegal originally was a hard copy.  We have to submit the "bundles" electronically.

samboella

@Coupon-mad - even if the evidence that refers to WP was part of an email used to show that I was actually communicating with the claimant?

nosferatu1001

Yes, because thats what WP / WP save as to costs means. 
All you can do is state you did communicate, that your evidence has WP/... and so you cannot show it in court unless the court allows it 
You cannot show it to them unless you have this allowance.

Coupon-mad

Yes, remove it.