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Telephone hearing in June.. help and advice welcome

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  • Coupon-mad
    Coupon-mad Posts: 152,295 Forumite
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    As we entered the park, I was not on the lookout for parking signs as I was concerned with attending to my children’s needs.
    Remove the above if you've not yet submitted this.
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  • Johnersh said:
    The claimants approach raises questions
    1. It is late. They will need court permission to rely on it out of time
    2. A statement was signed and verified with a statement of truth when it contained incorrect information. The court is entitled to an explanation as to how that occurred and as to who prepared the statement (eg a lawyer or the witness) and the means of preparation (a statement given by phone, a template etc) 
    I assume that the court will be aware of this and proceed accordingly. The letter from the court informs that the telephone hearing should take no longer than 1 minute, so will bring these points to attention if needed and there's time.

  • Thanks @Coupon-mad but I've already submitted.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 31 May 2021 at 10:47AM
    Johnersh said:
    The claimants approach raises questions
    1. It is late. They will need court permission to rely on it out of time
    2. A statement was signed and verified with a statement of truth when it contained incorrect information. The court is entitled to an explanation as to how that occurred and as to who prepared the statement (eg a lawyer or the witness) and the means of preparation (a statement given by phone, a template etc) 
    I assume that the court will be aware of this and proceed accordingly. The letter from the court informs that the telephone hearing should take no longer than 1 minute, so will bring these points to attention if needed and there's time.

    1 minute ?  I do not believe that for one minute , 1 hour , maybe 😋😋😋

    Side note , this is Minster Baywatch and Gladrags that are involved , plus the defendant
  • Jenni_D
    Jenni_D Posts: 5,431 Forumite
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    Redx said:
    Johnersh said:
    The claimants approach raises questions
    1. It is late. They will need court permission to rely on it out of time
    2. A statement was signed and verified with a statement of truth when it contained incorrect information. The court is entitled to an explanation as to how that occurred and as to who prepared the statement (eg a lawyer or the witness) and the means of preparation (a statement given by phone, a template etc) 
    I assume that the court will be aware of this and proceed accordingly. The letter from the court informs that the telephone hearing should take no longer than 1 minute, so will bring these points to attention if needed and there's time.

    1 minute ?  I do not believe that for one minute , 1 hour , maybe 😋😋😋
    Unless of course the judge's mind is already made up. ;)
    Jenni x
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
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    I assume that the court will be aware of this and proceed accordingly.
    I wouldn't make that assumption. 
    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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  • greenfern3655
    greenfern3655 Posts: 35 Forumite
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    edited 31 May 2021 at 12:01PM
    Ok. So assuming then instead, that I have an impartial and just hearing coming up :wink: ... and that it will allow time for arguments(?) Will I be able to bring @Johnersh's points to the court's attention if they're not already aware? Also think I need to read the section on what to expect at the telephone hearings... it's approaching fast.
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
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    Sometimes you get a chance to speak, at other times (evidenced by a number successful and unsuccessful court case reports from posters here) the Judge is pretty much summing up as soon as the hearing commences, that's why it's just so difficult to give assurances or make assumptions as to how a small claims court will proceed or its outcomes.  
    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
  • Johnersh
    Johnersh Posts: 1,547 Forumite
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    The Denton issue is a preliminary point, so you need to get in there early with it. 
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