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BW Legal Appeal Against Judgement, Portswood Carpark, Southampton

RonnieHML
RonnieHML Posts: 14 Forumite
10 Posts Second Anniversary
I am in the same position as CEC16 was with an appeal pending by BW Legal against a judgement that was thrown out by Southampton due to a “knowingly inflated claim”.

Following the defended appeal by CEC16 and others, do I still need to defend my appeal or will it simply be thrown out on the same grounds?

Happy to attend court if I need to and fight this but would like some advice
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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 23 November 2019 at 1:08PM
    I cannot answer that, it depends on the judge, but I would advise you, if it does go to court and is thrown out, to consider asking the judge for "unreasonable behaviour" costs at £19 an hour for the time you have wasted on this. Especially if he/she is familiar with the previous cases. It would also be wise to prepare a schedule of these costs.
    You never know how far you can go until you go too far.
  • I have a date and time set for the hearing.
    Do I need to prepare to attend and defend this or as it is exactly the same as the case with CEC16 will it now be cancelled?
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Yes you should attend
    Read up coupon mads report . When is the hearing ?
  • Fruitcake
    Fruitcake Posts: 59,503 Forumite
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    It depends on whether or not a judge spots it and decides to throw it out.

    If it isn't thrown out, and you should assume it is going to proceed, then will need to defend and attend.

    Is it in the same court or somewhere other than Soton? A couple of the regulars went to CEC16's including one who acted as a lay rep. If it's the same court, one of them might also attend or at least advise you.
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  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the case proceeds to a hearing, you not attending heightens the possibility of it resulting in a negative outcome.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • RonnieHML
    RonnieHML Posts: 14 Forumite
    10 Posts Second Anniversary
    edited 23 November 2019 at 8:45PM
    Thank you for all your responses.

    Yes it is the same court as CEC16's

    Hearing date is set
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are BWL appealing against a judgment here? Or is this just your own court case?
    BW Legal Appeal Against Judgement, Porstwood Carpark, Southampton

    ....... because your thread title is confusing, and needs to be changed to reflect exactly what we're dealing with.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • OK, sorry.

    BWL are appealing against my case which was thrown out of court on the same grounds as CEC16's

    I was trying to keep the title similar in case anyone else is in the same predicament
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 November 2019 at 4:40PM
    OK - that's clearer now. Thank you. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    RonnieHML wrote: »
    OK, sorry.

    BWL are appealing against my case which was thrown out of court on the same grounds as CEC16's

    I was trying to keep the title similar in case anyone else is in the same predicament

    Can I get this straight please ....

    Your first case was struck out in Southampton for abuse of process ?

    Now BWLegal appealed to the same court that they were told twice about abuse of process ?

    Am I missing something here ?
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