County Court Claim Form Gladstones/UKCPM

Coupon-mad

Dear District Judge xxxxxxxx, 

re claim xxxxxxxxx (xxxxxxx xxx v xxxxxxxx xxxxx)

As requested in the court order dated 9th May, I have filed and served an electronic pdf copy of my witness statement and evidence bundle by email yesterday, including my bundle's contents page and my costs.

I have not been provided with an electronic bundle by the Claimant despite the clear instruction directed in the court order and we are now within 48 hours of the hearing.  I feel confused and disadvantaged by the CLAIMANT's failure to provide me with an electronic copy of their bundle, because I am unable to make an informed decision about their case and have no idea if they have provided one just to the court.

I invite the court to use my bundle as the submissions for this case and/or to strike the matter out.  If a hearing is still considered necessary then I reiterate my willingness to take part, and my phone number is xxxx xxxxxx.

Whether the claim is struck out or dismissed, I have already filed and served a breakdown of my costs in the Summary Costs Assessment appended to my bundle and the Claimant's solicitors have had ample opportunity to engage with myself and pay regard to the court's Order.  I have spent many hours preparing for and fighting this meritless case and I note that CPR27.14(2)(g) allows the Court to award costs " as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably" and it appears very clear that, by their course of conduct in both the pre- and post-action phases, this Claimant has met the bar for an order against them, for full costs.

yours sincerely,

xxxx xxxxxxxx
DEFENDANT

As above, I'd suggest.    You don't end a formal letter (even by email) 'kind regards'.

No need to leave 'CLAIMANT' in capitals in the 2nd para; I was just pointing out that you were accusing yourself of unreasonable conduct!

brentmeister2k

Perfect thank you 

Le_Kirk

I have spent many hours preparing for and fighting this meritless case and I note that CPR27.14(2)(g) allows the Court to award to award costs

Just be aware of that double "to award".

Coupon-mad

Thanks, I lifted that entire sentence from a solicitor's webpage!  A double award (uplift) would be even better, haha!

Le_Kirk

Coupon-mad said:

Thanks, I lifted that entire sentence from a solicitor's web page!  A double award (uplift) would be even better, haha!

Well, if it was from a solicitors web page, like the Daily Mail, it must be right!

brentmeister2k

Too late I missed the double award line. 

I've since received through the post and dated the 12th May a notice from solicitors advising they won't be attending the court, request that I don't either and that court decide based on Papers submitted.
I assume this is pretty normal and no response or action from me necessary. 

Let me know if I'm wrong. 

Coupon-mad

Nah that's just them hoping you are daft enough to agree to have a 'papers' war, against a firm who do court papers for a living.  Clearly no, but you've said that already in your email.

brentmeister2k

5 min adjournment for sol to contact gladstones and clarify if they sent bundle as none received by me or by court. 

brentmeister2k

5 min adjournment by court to allow solicitor to contact firm to confirm if bundle sent and confirm time as I have not received and neither has the court. Any advice, feels a bit unfair as they blatantly haven't sent it and are now gonna say they have. 

Umkomaas

If you haven't received and the court hasn't received it, on the Balance of Probability it hasn't been sent.  That's about as much as the court needs in civil cases.