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BW Legal Defence Thread - WS Stage - Court Date < 2 weeks

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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 February 2020 at 5:22PM
    A win is a win !! Well done anyway

    Another one bites the dust !! 
    Bristol parking services eh ? They jumped on the bandwagon and the wheels fell off 
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Redx said:
    Bristol parking services eh ? They jumped on the bandwagon and the wheels fell off 
    :D

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Good news .....  difficult to understand why BWLegal bring these half baked claims, waste their time and yours and then chicken out.  I suppose it's got to the point that if they went to court, chances are high they will spanked anyway
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Indeed... perhaps BW have finally had enough of being spanked
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    JP26 said:
    Indeed... perhaps BW have finally had enough of being spanked
    HAHA, one would think so .... they will probably carry on with their rubbish and make 2020 a record year for spankings ....... 
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    beamerguy said:
    JP26 said:
    Indeed... perhaps BW have finally had enough of being spanked
    HAHA, one would think so .... they will probably carry on with their rubbish and make 2020 a record year for spankings ....... 
    Sore !!!!!! all round for BW Legal

  • Coupon-mad
    Coupon-mad Posts: 152,861 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 February 2020 at 3:00AM
    Yay, well done! 

    ANOTHER ONE BITES THE DUST AND A DISCONTINUANCE IS A WIN!

    Now, if you had already printed 45 pages and included your Summary Costs Assessment which was filed & served earlier this week, why not send a copy of the Summary Costs Assessment and that discontinuance to the named Judge and state that this arrived after you had expended a huge mount of time and money, and when the Court and Claimant had seen your Summarily Assessed costs, fairly and transparently totalled in the attached signed assessment (which the court already has, but you are furnishing them with another copy now). 

    As such, you feel that the last gasp Discontinuance was unreasonably late and that the conduct of the Claimant, as set out in your Witness Statement, has already crossed the line to meet the Dammerman test for unreasonable conduct and the NoD was the final straw, but too late for the Claimant to escape without an award of costs against them.  As such you are awaiting the Judge's Order at the court's discretion to award some or all of your Summary Costs Assessment, given that it met the CPR rules for LiP costs and does not exceed two thirds of the cost of a similar defence, had the litigant been legally represented.  Dammerman confirmed that the matter of costs should not be treated any differently just because the party was a litigant-in-person, and clearly the conduct of this Claimant 'permits of no reasonable explanation'.
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