Link Parking/BW Legal beaten in court.

Blazkowicz

keypulse said:

I've redacted and uploaded relevant documents to refer to and hopefully to help others. They are .pdf format and most (but not all) should be text-unlocked. No need to have an account or a .pdf reader, the files should open in a browser.
01 - Appeal and rejection
02 - My defence
03 - My witness statement

04 - Supplementary witness statement (Abuse of Process)

05 - Bundle EB01 - contents and preface

06 - Bundle EB01
07 - Schedule of costs
08 - BW's witness statement and some of their bundle (I couldn't be bothered to scan the last few pages but they were basically terrible photos of my car, the PCN, NTK... not relevant to the outcome)

Hi Keypulse, I have been following this case with considerable interest as I am due to go to battle with BW this week. 
I note that you did not write/utilise a Skeleton Argument? What was your reasoning. 
I have not yet written one as we have just had a baby (now 3 weeks old and a glorious colic-filled handlfull!). It would save a lot of stress not having to write one... 
Please don't think i'm lazy forum! Just don't want to spend each precious evening this week compiling one when my existing defence and Witness Statements are considerable robust.

Fruitcake

I believe Skeleton Arguments are not a mandatory part of the court process and aren't really necessary. I believe many more experienced regulars think they are less useful than a proper defence and WS, although they do act as a useful crib sheet during the court appearance.

Blazkowicz

Hi Fruitcake, thanks for the reply. I read: 
"In many court hearings a “skeleton argument” is required if a party or their representative intends to rely on legal precedent." on a Small Claims advice website and wondered if it was a requirement of cases that include legal precedent - mine includes a lot of recent lost cases in Southamtpon Court as provided by Coupon Mad and others in the Abuse of Process Threads.

Fruitcake

I would suggest you do it if you think it will help/is needed, but do everything else required as a priority. However, you should stick to your own thread if you want the more experienced regulars to respond.

henrik777

A skeleton argument is not required on the small claims track, unless ordered by the court.

Having said that, a skeleton argument is pretty much a written version of how you're planning on winning the case. Do you really want to do it "off the hoof" without planting any seeds in the judges mind ? If you forget to say something you're too late after and the judge might miss something you say if they're hearing your argument for the first time. 

I'd rather

1. Have a crib sheet.

2. Give the judge time to digest what's about to transpire so they may focus on what they feel they nub of the case is.

keypulse

Blazkowicz said:

keypulse said:

I've redacted and uploaded relevant documents to refer to and hopefully to help others. They are .pdf format and most (but not all) should be text-unlocked. No need to have an account or a .pdf reader, the files should open in a browser.
01 - Appeal and rejection
02 - My defence
03 - My witness statement

04 - Supplementary witness statement (Abuse of Process)

05 - Bundle EB01 - contents and preface

06 - Bundle EB01
07 - Schedule of costs
08 - BW's witness statement and some of their bundle (I couldn't be bothered to scan the last few pages but they were basically terrible photos of my car, the PCN, NTK... not relevant to the outcome)

Hi Keypulse, I have been following this case with considerable interest as I am due to go to battle with BW this week. 
I note that you did not write/utilise a Skeleton Argument? What was your reasoning. 
I have not yet written one as we have just had a baby (now 3 weeks old and a glorious colic-filled handlfull!). It would save a lot of stress not having to write one... 
Please don't think i'm lazy forum! Just don't want to spend each precious evening this week compiling one when my existing defence and Witness Statements are considerable robust.

Hello @Blazkowicz, if you look back a few pages I did ask about a skeleton but was advised it wasn't necessary. I did make notes for myself outlining some stuff in BW's BS WS that I wanted to bring up but it turned out I didn't even need the notes as the judge brought the dodgy bits up and tore them apart. Might have been useful for a less attentive judge though.

How did you get on?