Gloucester Whittle Square PCM/Gladstone (UPDATE 14/04/2021 Won in Court)

nosferatu1001

Yes, which is a really weird way of doing it, as your WS leads your evidence - ie you reference all your exhibits first from your WS, otherwise all the court has is some documents
Personally Just send everything in by the 3rd, its easier on you, and by definition that complies with the 17th

Did they comply with 4?

rajon

nosferatu1001 said:

Yes, which is a really weird way of doing it, as your WS leads your evidence - ie you reference all your exhibits first from your WS, otherwise all the court has is some documents
Personally Just send everything in by the 3rd, its easier on you, and by definition that complies with the 17th

Did they comply with 4?

I received their witness statement and all their evidence. Within their WS they have a section where they are addressing the Defence. page 3 post 2 has a dropbox link to what they have sent if you want to take a look.

Coupon-mad

rajon said:

https://www.dropbox.com/s/d1b69suaiqi8ctw/gladstones_ws_redacted_copy.pdf?dl=0 i have attached a drop box link with a scanned and redacted copy of Gladstone's/PCM ltd WS

Here it is again.

rajon

rajon said:

https://www.dropbox.com/s/d1b69suaiqi8ctw/gladstones_ws_redacted_copy.pdf?dl=0 i have attached a drop box link with a scanned and redacted copy of Gladstone's/PCM ltd WS

So i've been working on my witness statement and I'd be grateful if someone could see whether I've gone in the right direction or have anything missing. the post above is the claimants witness statement.
https://www.dropbox.com/s/zfk2afatyam10cj/witness_statement-redacted.pdf?dl=0
if it easier to upload some other way let me know (copy it into a post?) if its easier to read. The date for sending it in is the 3rd of March so wanted some eyes over it before submitting.
Thanks in advance and I really appreciate all the help you guys have given me.

Johnersh

Whoah nelly !
As @nosferatu1001 also noted The Claimant was ordered to serve:
1. Reply to the Defence (technically optional) 
2. Full Particulars of Claim (not optional)
The o/p has not confirmed this has happened. 

If they have not done so by 24/2 then they need relief from sanction. 

The witness evidence of the defendant contains a defective statement of truth. The maker of the declaration needs to be an authorised individual. Annie Oliver appears to consciously *not* put her name to it.

To the extent that the claimant seeks to advance legal argument/re- plead their case via a witness statement, that is not the correct place to do it and in any event is in breach of an order. 

Johnersh

The witness statement is standard. The o/p will find almost verbatim examples elsewhere on here.

As noted above, its essentially legal argument and commentary upon the defence - exactly what it shouldn't be. See jd wetherspoon v Harris and this article here: https://www.civillitigationbrief.com/2015/09/08/the-witness-who-knows-nothing-and-wants-to-be-an-expert-a-review-of-the-cases/
It should be noticed that this Chancery decision is from Sir Terence Etherton, Chancellor of the commercial courts (as he then was) who went on to become the Master of the Rolls in E&W, so an authority that carries some weight.

I can't see any photos of the car parked in those photos, but the o/p may have redacted them. If there are none, then clearly it fails as a piece of evidence.
There is no description of the site, but even the photos appear a little confusing. 

Johnersh

Surely the defendant's witness statement should identify (before getting 7 photos in) where his car was parked and where the nearest sign was?  All the statements are muddled. 

Why concede or imply that you or anyone else may be in breach of t&cs when they need to prove that?

Oh and obviously it's difficult to run the wetherspoon point if you, too, are putting a load of legal arguments in the statement. 

rajon

Johnersh said:

Whoah nelly !
As @nosferatu1001 also noted The Claimant was ordered to serve:
1. Reply to the Defence (technically optional) 
2. Full Particulars of Claim (not optional)
The o/p has not confirmed this has happened. 

If they have not done so by 24/2 then they need relief from sanction. 

The witness evidence of the defendant contains a defective statement of truth. The maker of the declaration needs to be an authorised individual. Annie Oliver appears to consciously *not* put her name to it.

To the extent that the claimant seeks to advance legal argument/re- plead their case via a witness statement, that is not the correct place to do it and in any event is in breach of an order. 

Did you mean the claimants ws has a defective statement of truth? 

Johnersh said:

The witness statement is standard. The o/p will find almost verbatim examples elsewhere on here.

As noted above, its essentially legal argument and commentary upon the defence - exactly what it shouldn't be. See jd wetherspoon v Harris and this article here: https://www.civillitigationbrief.com/2015/09/08/the-witness-who-knows-nothing-and-wants-to-be-an-expert-a-review-of-the-cases/
It should be noticed that this Chancery decision is from Sir Terence Etherton, Chancellor of the commercial courts (as he then was) who went on to become the Master of the Rolls in E&W, so an authority that carries some weight.

I can't see any photos of the car parked in those photos, but the o/p may have redacted them. If there are none, then clearly it fails as a piece of evidence.
There is no description of the site, but even the photos appear a little confusing. 

There are photo of my vehicle. They just copied in the photos from the appeal and original letter which had my vehicle. 

rajon

Johnersh said:

Whoah nelly !
As @nosferatu1001 also noted The Claimant was ordered to serve:
1. Reply to the Defence (technically optional) 
2. Full Particulars of Claim (not optional)
The o/p has not confirmed this has happened. 

If they have not done so by 24/2 then they need relief from sanction. 

The witness evidence of the defendant contains a defective statement of truth. The maker of the declaration needs to be an authorised individual. Annie Oliver appears to consciously *not* put her name to it.

To the extent that the claimant seeks to advance legal argument/re- plead their case via a witness statement, that is not the correct place to do it and in any event is in breach of an order. 

Besides the ws that was sent by the claimant. There are no particulars of the claim. I not sure what I'm looking for when you say particulars of the case. 

Johnersh

A correct statement of truth is as per CPR 32 PD 20.1 and should say "I believe..."

By amending it to "the claimant believes" the maker of the declaration is highlighting that there is information she does not believe or, more likely, that there is information within the material that is not within her knowledge or belief (a point raised in her para 1).

Where the statement also fails is with regard to who provided information to which she doesn't specify.  She also fails to record to whom she spoke when preparing the witness statement CPR 32 PD 18.1(5).

Gotta read the rules!