VCS Defence

Le_Kirk

Skeleton Arguments are not NECESSARY, they are an aid to the defendant if the case/issue is complicated and act as an aide memoir. Cost schedules used to be recommended to submit a few days before the case but, since a defendant was not awarded high costs due to "late" submission of the costs schedule, the advice is to now submit with the WS and evidence.

Umkomaas

Will a skeleton argument be necessary in addition to the above witness statement?

Not essential, but you might want to list the key points of your position to encourage the Judge to look at those as a priority. A bit like a shopping list/aide memoire - not a further War and Peace recitation of what's already been submitted. If you're going to submit one, do it about 3 days before the hearing, copied to the court and all other parties.

Also am I right in thinking that my costs schedule is given to the court on the day of the hearing

Definitely not. We have previously advised submitting alongside your skeleton argument, but one PPC argued this was too late, and the Judge swallowed it. So now we are advising a safety first approach by sending it with your Witness Statement (to all parties).

The one piece of evidence to take to the hearing on the day are copies of some wage slips as proof of earnings levels, if you are claiming loss of earnings/annual leave.

Redx

As above , all the skeleton is used for is an aide memoire and to narrow the issues , but not required or necessary

Taking a costs schedule on the day should be done , but not as an ambush

Current advice is to submit the WS + Exhibits (evidence) + Costs Schedule by the deadline date listed on the court order , copies go to the court (preferably as a bundle , handed in and a receipt obtained from the clerk) , plus another bundle to the claimant (or their solicitors if they act for the claimant)

Take a third bundle with you on the day

snapdragon855

I have already submitted the WS but can email the cost schedule to the Claimant and hand it in to the court today.

As a contractor, will invoices of previous work be enough to show loss of earnings?

Redx

Do that asap and take all evidence that proves your costs claims , so yes , take invoices , bank statements etc on the day

And are you saying that you have not submitted any evidence ? If not , why not ??

snapdragon855

Yes the evidence as in the exhibits mentioned in my WS were all included with the submissions to the court, the Claimant and in an email to the Claimant as well.

Umkomaas

Redx wrote: »

Do that asap and take all evidence that proves your costs claims , so yes , take invoices , bank statements etc on the day

And are you saying that you have not submitted any evidence ? If not , why not ??

I have to say that loss of earnings for self employed defendants have not always been granted, in some contrast to those in direct employment. But if you don't try you don't get, but don't be floored if the Judge knocks you back.

Redx

Then that is what should have said earlier as in post #55 above

So now get your costs schedule submitted to both , then prepare your proof of earnings for court day and take them with you

snapdragon855

Any advice on whats a reasonable amount of time for Litigant In Person? I think I have spent a around 8 hours researching and drafting etc but don't want it to appear excessive.

And Parking, I don't know how long until the hearing is completed so do I claim up to 2 hours (£8) or is 2-4 hours (£18) acceptable?

Umkomaas

snapdragon855 wrote: »

Any advice on whats a reasonable amount of time for Litigant In Person? I think I have spent a around 8 hours researching and drafting etc but don't want it to appear excessive.

And Parking, I don't know how long until the hearing is completed so do I claim up to 2 hours (£8) or is 2-4 hours (£18) acceptable?

It's difficult to offer firm advice, but very often Judges refuse any LiP time at all. Some give a couple of hours, up to five. Pitch it there unless you're really going for the jugular on costs because of very unreasonable behaviour - but that's an extremely high bar.