BW Legal - Any help very much appreciated...

Umkomaas

You send one copy to the organisation noted on the Claim Form in the box headed 'Address for sending documents and payments (if different)' - whether that be the claimant or their solicitors. Simple as .....

This is becoming heavy weather.

didgeridoooo

Sorry. That was what I was doing (3 copies, me, court, BWL) but after CM commented I thought I may have to send a copy to the PPC as well. BWL is the address for docs on claim form. Thank you, and apologies again.

Coupon-mad

Answer what re DJ Grand's judgment? Your thread is so long we can't keep up.

didgeridoooo

My WS refers to DJ Grand's 11th Nov judgment. Is there anything formal I can reference, or print and exhibit? I have read the (enjoyable) forum report by your good self, but I didn't think something like that could be used as "evidence", being just one person's account/opinion who is not a witness in my case. So I wondered if there is something else I can use? If not I will just mention the facts of what happened according to your report.

Coupon-mad

We are awaiting a copy of the transcript of CEC16's case.

For now, use DJ Grand's order from the Summer, as shown in that thread, and DJ Josephs' one from Warwick court, as shown in the threads by CrystalTips and jon8838.

Redx

Search username Sassii and username Crystaltips76 , not Crystaltips and username Jon8838 plus username CEC16

Umkomaas

didgeridoooo wrote: »

Can anyone please advise how to find the thread where someone claimed £1500 in costs? CM referred to it as Saasi's thread (I tried every spelling, sassi, saasi) but can't find anything via search for the costs schedule he/she used. If anyone has a link or a keyword even, I'd be grateful.

Important - I have read all the info on costs, Newbies, CPR rules etc. But i am not entirely sure if we can claim MY time (me being the LayRep, not Defendant). My wife is D. It was my many hours of reading, research, writing all this etc. My wife hasn't done much of it. I would assume it is claimable as it's part of defending the claim, but if I am wrong about that, hopefully someone will shout. thanks

Defendant's costs only.

nosferatu1001

You've missed off the ordinary costs - loss of leave or loss of pay. Capped at £95 for a HALF DAY only. Only for Defendant - not lay rep.

I would bullet point, in your costs schedule, exactly WHAT about their conduct has been unreasonable. I mean BULLET. POINTS. Short, sharp, simple.

Its entirely your decision to make as regards a skellie. Seriously, youve prevaricated over this long enough. Do one, or dont. Your choice. Youre able to look at this and work out if it would help, and produce a single A4 of the main point, or not. Of course it WOULD be kind if you think it would be - there are decisions you should be the one to make, we cant do it all.

didgeridoooo

I didn't miss any costs. The D is a full time mother and the only payment she gets for that is pleasure. It's a shame though as we have toiled away countless nights reading threads and preparing for this.

PS I have not received a WS from BWL today, deadline is 4pm tomorrow. I hope to God they don't drop the reigns now, that would be like being at last base camp on Everest only to watch the mountain fall down.

Thank you to everyone here.

Coupon-mad

WS was sent off today by post. I just noticed a mistake. I referenced 3 Exhibits in my WS with wrong numbers, and I forgot to attach those three exhibits (3 sign pics). Kicking myself but wondering what the best solution is, if there is one. Deadline is 4pm tomorrow. Should I just submit a supplementary WS stating it's a correction, explaining error in other WS and including the 3 missing pics with this one, then send by email to court and BWL. That sound ok?

Send a SIGNED and DATED copy of the first WS with the evidence attached. No need for a supplementary one, especially as you need to resubmit the first one, signed & dated!

Basically just do it again! And the same thing to the Claimant's solicitors.

Then turn to the matter of your wife's 'Defendant costs schedule'.

Have a read of this article (an oldie but goodie - note that I have corrected the old figures):

https://www.lawgazette.co.uk/benchmarks/costs-and-litigants-in-person/5038419.article

There is lots to read in the link, but here's a synopsis to start off:

''The Litigants in Person (Costs and Expenses) Act 1975 (as amended) (the act) gives the LiP the right to recover sums in respect of any work done, and any expenses and losses incurred, by the litigant in or in connection with the proceedings to which the order relates'.

A LiP seeking to claim costs may present a claim calculated in one of two ways:

(a) An hourly rate to reflect actual financial loss, or
(b) where unable or unwilling to establish actual loss, on a fixed hourly charge.
The hourly charge is currently £18* per hour, increased from £9.25 per hour on 1 October 2011.

In respect of either category, the maximum the LiP can recover for time is two-thirds of the amount that would have been allowed if legally represented.

This limit does not apply to disbursements (Google it!).

In respect of financial loss, it is for the LiP to establish by evidence and on the balance of probability that a financial loss has been suffered. Furthermore, the LiP must go on to show what that loss actually is.

...the LiP must nevertheless go on to show that he would have been gainfully employed and, more importantly, how much he would have earned. It is the amount lost that gives rise to the claim for financial loss. In practice, it is often on this last limb that LiPs fail.''





* Now £19 per hour unless you can show with evidence that you lost more than this because, for example, the time taken took you away from paid work at a higher hourly rate that you can evidence.