BW Legal / Premier Park Ltd - Court Claim

kevin_uk84

I have contacted the CCBC this morning to check that there is nothing outstanding from me - There isn't.
They have confirmed that the general sanctions order that was made on 29/01/2021 relates to the Claimant not submitting their DQ; which is odd, because they sent me a copy in January.

Umkomaas

kevin_uk84 said:

I have contacted the CCBC this morning to check that there is nothing outstanding from me - There isn't.
They have confirmed that the general sanctions order that was made on 29/01/2021 relates to the Claimant not submitting their DQ; which is odd, because they sent me a copy in January.

There's probably been some crossover in the system, and the CCBC are behind schedule in keeping their system updated, particularly given the Covid disruption to staff and processes. Continue working on the basis that the case still goes ahead. But it's the Claimant who will have to sort out the sanctions order!

nosferatu1001

Or the claimant posted it, and it didnt arrive. Or they forgot to email it. All you know is you got their DQ, you have no idea if the court did and just hasnt filed it. 
Keep an eye on that deadline

kevin_uk84

Hi, 
I received the Dispute Resolution Hearing notice through the post yesterday.  The hearing is scheduled for 24th March.
I have referred to the NEWBIES thread and witness statement template thread (https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685).
Looking at the template, it suggests that they received the claimants witness statement prior to writing their defence - Is this the best approach?

Redx

If this is a dispute resolution hearing , it's probably 15 minutes or a short time to try to narrow the dispute , not the full hearing , very common at the moment , so read the telephone hearings thread by coupon mad

Le_Kirk

kevin_uk84 said:

Hi, 
I received the Dispute Resolution Hearing notice through the post yesterday.  The hearing is scheduled for 24th March.
I have referred to the NEWBIES thread and witness statement template thread (https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685).
Looking at the template, it suggests that they received the claimants witness statement prior to writing their defence - Is this the best approach?

Who is they?  You, the defendant, write a defence but surely that is already written and submitted.  Along with the Notice of Hearing were there any instructions about what you have to send and by when?

Coupon-mad

It'll be 30 minutes of wasted time and not your final hearing.  Search the forum for dispute & resolution

kevin_uk84

Le_Kirk said:

kevin_uk84 said:

Hi, 
I received the Dispute Resolution Hearing notice through the post yesterday.  The hearing is scheduled for 24th March.
I have referred to the NEWBIES thread and witness statement template thread (https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685).
Looking at the template, it suggests that they received the claimants witness statement prior to writing their defence - Is this the best approach?

Who is they?  You, the defendant, write a defence but surely that is already written and submitted.  Along with the Notice of Hearing were there any instructions about what you have to send and by when?

Obviously the defence has been written - However, as per my update, I have been asked to produce a witness statement.  In the template provided in the NEWBIES thread, it suggests the write (i.e. the Defendant) has received a copy of the Claimants witness statement prior to them writing their own.

The Notice states:
By no later than 14 days before the hearing, you must send to the Court and to the other party...all of the evidence on which you wish to rely...
Your evidence should include any relevant documents...
You must provide a written witness statement containing your evidence

kevin_uk84

Coupon-mad said:

It'll be 30 minutes of wasted time and not your final hearing.  Search the forum for dispute & resolution

Hi @Coupon-mad - I read your post re telephone hearings.
Unless I am mistaken, my Notice does not say anything about the Judge not having access to the case file.  Is there anything you think I need to consider?

KeithP

kevin_uk84 said:

Le_Kirk said:

kevin_uk84 said:

Hi, 
I received the Dispute Resolution Hearing notice through the post yesterday.  The hearing is scheduled for 24th March.
I have referred to the NEWBIES thread and witness statement template thread (https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685).
Looking at the template, it suggests that they received the claimants witness statement prior to writing their defence - Is this the best approach?

Who is they?  You, the defendant, write a defence but surely that is already written and submitted.  Along with the Notice of Hearing were there any instructions about what you have to send and by when?

Obviously the defence has been written - However, as per my update, I have been asked to produce a witness statement.  In the template provided in the NEWBIES thread, it suggests the write (i.e. the Defendant) has received a copy of the Claimants witness statement prior to them writing their own.

The Notice states:
By no later than 14 days before the hearing, you must send to the Court and to the other party...all of the evidence on which you wish to rely...
Your evidence should include any relevant documents...
You must provide a written witness statement containing your evidence

The Claimant and Defendant will have exactly the same deadline for filing and serving their evidence and documents upon which they intend to rely.
Hopefully you might receive the Claimant's docs a little early so can comment on them when finalising your Witness Statement.