Help, got until 24th November to submit Defence for VCS

Leviathan747

Thanks guys.  OK, so I'm thinking I should email VCS litigation and say that I'm not happy with a telephone hearing (pretty sure they would be happy with one) and that we would prefer the case to be adjourned until a face to face court hearing can be arranged?  What would you, personally do?

Snakes_Belly

As things stand it will either be telephone or papers, however if lock down is eased things could change. 

Leviathan747

Snakes_Belly said:

As things stand it will either be telephone or papers, however if lock down is eased things could change. 

Doesn't it look like there is a possibility of adjournment for a face to face hearing SB?  Lockdown will be easing shortly any road.

nosferatu1001

Adjournment is possible, but you should clearly state why a telephone hearing in particular will not be suitable. 

Coupon-mad

Leviathan747 said:

Thanks guys.  OK, so I'm thinking I should email VCS litigation and say that I'm not happy with a telephone hearing (pretty sure they would be happy with one) and that we would prefer the case to be adjourned until a face to face court hearing can be arranged?  What would you, personally do?

Yes, do that and attach your Summary Costs Assessment again and tell them the case has no merit and you suggest they discontinue (with no costs), in which case you won't pursue costs - i.e. a drop hands offer.

Johnersh

Leviathan747 said:

Thanks guys.  OK, so I'm thinking I should email VCS litigation and say that I'm not happy with a telephone hearing (pretty sure they would be happy with one) and that we would prefer the case to be adjourned until a face to face court hearing can be arranged?  What would you, personally do?

I'd personally do it by phone and get it over with... But I'm trained in this. 

Without doubt it is easier face to face - you can see when a judge is receptive, bored, confused and, frankly when you need to shut up!

If there's any risk the documents are incomplete or poorly collated (i.e. You don't have a single pdf of everything the contents of which you've both agreed) then I'd favour delay as it'll never be a level playing field. 

In all the bigger cases with two sets of lawyers, the starting point is always an agreed bundle and the confidence as to what the judge has in front of him/her, down to agreement on the page numbering. I would not suggest a small claim is treated any differently. 

Leviathan747

Thanks guys.  Draft to VCS litigation.  I'd be grateful for suggestion on whether the tone is right.

"Dear XX 

I am writing with regard to the recent order by Judge Heppell to vacate our hearing on the papers that was due on 7th May 2020.

I will be writing to him to say that I am not happy with a telephone hearing and that we would prefer the case to be adjourned until a face to face court hearing can be arranged after lockdown has eased.

I attach again the Summary Costs Assessment that I will be persuing in such an event.

I believe that this claim has no merit and suggest that VCS discontinue.

Yours sincerely

XX

Leviathan747

If we have a strong case CM, could I ask why are you keen on getting it discontinued?  My MP has been pretty useless so far, btw!

nosferatu1001

Because you've won then. You've avoided judge lottery. 

Coupon-mad

 persuing - typo!