Witness Statement due 4th May but I haven't received any docs from Gladstones/UKCPM

Lily091213

@Redx I think I've misunderstood you. The deadline for the Witness Statement is 4 May. The deadline for the DQ form was 10 January. My point number 1 was that I've never received UKCPM's copy of their completed DQ form. I wasn't sure if I should receive it, or only the court receives it. But on the assumption I should get a copy, I haven't, and my point 1 was asking whether I should complain about that.

Redx

I do not believe that the DQ issues are relevant and your court case does not revolve around it

Frankly I have no interest whatsoever in the DQ stage , the CCBC issued the paperwork to your local court and washed their hands of it

Deal with the present issues and court case , that's my advice , because this case won't be decided by the lack of any dq months ago

At no time was I interested or talking about the DQ , it was the WS plus Exhibits plus summary costs assessment where you are now that is important , especially if the claimant pays the Court fee ( no fee equals no Court case ) , that deadline is may 4

Umkomaas

You can complain about any failing on the part of your opponent, but I think the non-receipt of their DQ won't prove fatal for them. By the same token, complaining won't cause you any harm. 

In terms of the court allocated for the hearing - is it one local to you?

Lily091213

@Umkomaas Yes, it's been allocated to my local court.
@Redx Oh, OK. I thought me not seeing it could be argued as being disadvantageous to me, as they've seen mine, but I haven't had equal view of their side. @Coupon-mad mentioned in an earlier post that it might be grounds for getting it thrown out.

Redx

You would have to ask her then , because I do not see any relevance or traction

I am using a tablet so hard to read back when replying , so as you are at the WS stage with may 4 deadline I thought you were complaining about not seeing theirs or knowing their deadline , not any DQ months ago because the CCBC is no longer involved so to me it's a non issue

It could be that it was sent and they may be able to prove it , it is deemed delivered 2 days later , even if it never arrived , a SAR could flush out the truth

I have been coming here seven years and never seen this issue influence any court case

KeithP

Well if they didn't send you a copy of their completed DQ then they haven't followed the rules.

However, I do struggle to understand how you might have been disadvantaged.
Usually a DQ, either theirs or yours, contains nothing of much interest at all.

Coupon-mad

Just throw it in because it shows a disregard for the court process by a legally-represented Claimant.  Some Judges will agree and it might put the Judge more on your side from the off, then they will read all the rest and might agree and strike the crap claim out...

BTW there is no such thing as 'registered' post,  I think that term went out in the 1970s.

Email it to the court and the solicitor, for openness.

Lily091213

So, as a quick update, I received a letter from the Court telling me to liaise with Gladstones to try and sort it out away from court, or to agree to a hearing on the papers. Gladstones phoned me and asked me what I wanted to do. 

I wrote back to them via email and said "I think I have a strong case which deserves a hearing so I don't want it on the papers. I would like to think, in this current climate and me being a Keyworker, you as a company, for avoidance of negative PR reasons if nothing else, might consider cancelling proceedings entirely. If this isn't something you'd consider, please be aware I will be informing the court that I don't want it on the papers and I'll be asking for a rescheduled date."

I wasn't sure if that was the right thing to do or not. But today, gladstones on behalf of UKCPM emailed me over their Discontinuance. 

So, I think this is all over now! 

Just wanted to say a thanks to everyone who helped me get to this stage! It's a load of stress off my mind! 

henrik777

Umkomaas said:

You can complain about any failing on the part of your opponent, but I think the non-receipt of their DQ won't prove fatal for them. By the same token, complaining won't cause you any harm. 

In terms of the court allocated for the hearing - is it one local to you?

CPR 26 & PD 26 indicate it is possible to have either a statement of case or whole claim struck out for failure to follow the rules regarding serving the DQ. Unlikely to happen, particularly if the court received theirs but....

It's also handy to have persistent failures to be reasonable or follow the rule and/or court instructions brought to the attention of the court if you seek unreasonable costs.

However this claim is dead now 

nosferatu1001

Another one bites the dust!
They clearly dont want a pile up of claims. It will realy hit their business model which relies on relatively simple administrative handling of claims.