Letter Before Claim - UKCPM LTD

Tuffty747

Just so everyone is aware, I got confirmation from the Court this morning that Digital Signatures of documents (such as WS) are absolutely fine.
Don't know if this is universal, probably varies court to court but I'm in East Anglia, and they are fine with it.

Coupon-mad said:

You can if you like but generally they pay.

Whilst I was on the phone I asked, and they paid a couple of days before the deadline.

The email with the draft order is the last hope for a discontinuation, otherwise I press on to my telephone hearing on the 12th!

Johnersh

Digital signatures are absolutely fine and have been acceptable for some time.  Now deep into covid19 territory, the vast majority of my clients complete court docs with jpeg e-signatures applied. 

Signatures applied willy nilly and potentially without the authority of the person who signed the template (the issue usually flagged for ppc identikit statements) not so much.

Solicitors have found themselves in serious hot water for getting that wrong. 

Tuffty747

So I have now submitted my WS with the email template recommended alongside the Draft order.

My hearing is 12th November, and today marks 14 days before that date - which is when the required documents & evidence had to be submitted to the court by.
I haven't had anything from the claimant. No emails, letters, nothing.

Is there any process to alert the court/judge that I haven't received anything from them, which is going against the Court Order that we both received? 
Or should I hang fire for now?

Were_Doomed

Give it until Monday and then email the court (CC the claimant) that you've not received their WS/evidence, and request that the claim be struck out for the legally-represented claimant's failure to comply with court instructions (whereas the unrepresented Litigant in Person who has no experience of the court process was able to do so).

Tuffty747

Were_Doomed said:

Give it until Monday and then email the court (CC the claimant) that you've not received their WS/evidence, and request that the claim be struck out for the legally-represented claimant's failure to comply with court instructions (whereas the unrepresented Litigant in Person who has no experience of the court process was able to do so).

Thanks, I'll do just this!

I've also put together a Draft Order template to be sent to the Court alongside Witness Statement to ask for it to be struck out on the basis of Abuse of Process.
Might be handy for anyone else who needs it.

Were_Doomed

Hang on ... you said you've already submitted your WS. Do you mean to submit the DO alongside a Supplementary WS?

Tuffty747

Were_Doomed said:

Hang on ... you said you've already submitted your WS. Do you mean to submit the DO alongside a Supplementary WS?

No I've already submitted my WS. Did it earlier this week before my deadline. 

That Draft Order is just a template I used as I couldn't find an actual word document on here. Just incase anyone else needs to use it. 

Were_Doomed

Ah, right ... I understand now what you meant.

Tuffty747

Were_Doomed said:

Give it until Monday and then email the court (CC the claimant) that you've not received their WS/evidence, and request that the claim be struck out for the legally-represented claimant's failure to comply with court instructions (whereas the unrepresented Litigant in Person who has no experience of the court process was able to do so).

So I wanted to give it today to see if anything came in the post or via email from either the Claimant or the Court.

I've had neither from either party.

Should I just reply to my WS email requesting that the case be struck out due to failure to comply with court instructions? 
Is it worth calling the court tomorrow? I'm a tad concerned I haven't heard anything from them aside from their automated response email.

Johnersh

The penalty for failing to serve evidence is inmho more likely to be debarral from relying upon that evidence, not strike out of the claim.