HX / Gladstones Hearing today!

abz1000

Coupon-mad said:

Yes, that you haven't shown us!

Only just realised that I didn't add that one. I thought it looked a little short when I put it on the pdf.

abz1000

abz1000 said:

Coupon-mad said:

So there is nothing to show they have landowner authority?

The contract of services? which they appended to their witness statement

Were_Doomed

Did you or they redact those signature/name/position details? (Remember that you were asked to only redact your personal details - the details redacted above are actually very important to know).

abz1000

Were_Doomed said:

Did you or they redact those signature/name/position details? (Remember that you were asked to only redact your personal details - the details redacted above are actually very important to know).

Both of the pictures I sent above were unedited. whatever information is blocked out is exactly how I received the document.

Coupon-mad

Right - so you know from the example WS in the NEWBIES thread, about redactions (the Chestnut Court of Appeal case is in that template).

abz1000

Coupon-mad said:

Right - so you know from the example WS in the NEWBIES thread, about redactions (the Chestnut Court of Appeal case is in that template).

So just copy and paste that as another point. and obviously add the exhibit where necessary.

Coupon-mad

Isn't that already what you based your WS on?

abz1000

Coupon-mad said:

Right - so you know from the example WS in the NEWBIES thread, about redactions (the Chestnut Court of Appeal case is in that template).

Redacted Landowner Contract

15. The Claimant has appended a redacted ‘landowner contract’ which has little or no probative value and which offends against the rules of evidence. There is nothing to say what the landowner's approach (whoever they may be) is to penalising genuine patrons who pay, and even the signatories could be anyone (even a stranger to the land?). It is clear that two Directors have not signed this contract for either party, contrary to the Companies Act. The network of contracts are key in these cases, since the parking charges are argued to be contractual and the authority to sue visitors must flow from the landowner, not an agent.

16. In the recent Court of Appeal case of Hancock v Promontoria (Chestnut) Limited [2020] EWCA Civ 907 the Court of Appeal are now clear that most redactions are improper where the Court are being asked to interpret the contract. https://www.bailii.org/ew/cases/EWCA/Civ/2020/907.html Ref. paras 74 & 75 ''...The document must in all normal circumstances be placed before the court as a whole. Seldom, if ever, can it be appropriate for one party unilaterally to redact provisions in a contractual document which the court is being asked to construe, merely on grounds of confidentiality...confidentiality alone cannot be good reason for redacting an otherwise relevant provision...''

abz1000

Coupon-mad said:

Isn't that already what you based your WS on?

My WS was based around the location being a trap. poor lighting, signage and weather conditions on the day of the event.

Coupon-mad

Yes but the template example shows how you do both.    Remind us if you already sent your WS?