Questions about Schedule 4 of POFA

ihatetrump

This statement in the Skeleton Argument really riles me:

Owing to the majority of the Defence failing to comply with CPR 16.5, but containing detailed technical submissions which are not believed to be within the Defendant’s knowledge or belief such that the Defendant has arguably made a false statement (CPR 32.14) supported by a statement of truth, the Claimant would: (a) Ask the Court to consider striking out all or part of the Defence; or blah blah blah.

How can these scumbags get away with making such a statement?

Umkomaas

'Making a false statement' is a serious accusation. It can be viewed as a contempt of court.  Check it out on Google.  But be aware that BWL are spewing that out in almost all of their recent WS's with nothing to back it up. They need to be called out.

I'm no expert on court procedures, but in your preliminaries, you could ask the Judge if he/she would ask the legal gun-for-hire to prove that accusation. Maybe a complaint to the SRA if the Judge dismisses their proposition. See what others say. 

ihatetrump

@Umkomaas - thank you for your comments.

Just in case the minions employed by the claimant's solicitors are trawling this site - I happen to be a Chartered Accountant with 40 years post qualification experience (showing my age   ) - I'm not the dumb little **** that their statement seeks to imply - studying commercial law was an integral part of the qualification process. Given the chance, I will certainly let the Judge know.

BrownTrout

ihatetrump said:

Thanks @Jenni_D

How do I go about raising a preliminary matter? at the beginning of the hearing or more formally beforehand?

The Notice of Allocation, stated:

At least 14 days prior to the final hearing the parties shall send to each other and to the court any additional document and witness statements they intend to rely upon at the hearing. Failure to comply with this order will mean that the party will not be entitled to rely on any additional documentation without permission of the court.

Their delivery was less than 18 hours before the scheduled hearing.

Skeleton arguments are often exchanged a day before the hearing so this isnt really an issue.

Fruitcake

ihatetrump said:

@Umkomaas - thank you for your comments.

Just in case the minions employed by the claimant's solicitors are trawling this site - I happen to be a Chartered Accountant with 40 years post qualification experience (showing my age   ) - I'm not the dumb little **** that their statement seeks to imply - studying commercial law was an integral part of the qualification process. Given the chance, I will certainly let the Judge know.

I think, but I am not 100% sure, you will be required to identify yourself to the judge when the hearing starts.

You could say, "I am ihatetrump, the defendant, I am a qualified CA and I studied commercial law as part of my qualification process."

Failing that, you could say exactly that in order to rebut the claimant's statement and accusations against you.

I believe it is called, "taking the wind out of their sails."

ihatetrump

Skeleton arguments are often exchanged a day before the hearing so this isnt really an issue.

So basically I have 12 hours now to digest it and to prepare a response to their drivel? - including rebutting their own factual irrelevances and inaccuracies - bring it on then.

Coupon-mad

Using a repeated template to accuse ordinary people like you of making 'false statements' (that the patronising gits think thickos like the general public are unlikely to understand) is tantamount to accusing you of fraud.

As I said here:

https://forums.moneysavingexpert.com/discussion/comment/78877359/#Comment_78877359

Arguably, unreasonable on their part!

Jenni_D

BrownTrout said:

ihatetrump said:

Thanks @Jenni_D

How do I go about raising a preliminary matter? at the beginning of the hearing or more formally beforehand?

The Notice of Allocation, stated:

At least 14 days prior to the final hearing the parties shall send to each other and to the court any additional document and witness statements they intend to rely upon at the hearing. Failure to comply with this order will mean that the party will not be entitled to rely on any additional documentation without permission of the court.

Their delivery was less than 18 hours before the scheduled hearing.

Skeleton arguments are often exchanged a day before the hearing so this isnt really an issue.

Maybe between legal teams ... but is it normal where one party is a Litigant in Person? IMHO it is unreasonable and the OP should raise this; they should also raise the "false statement" allegation as that is a very serious accusation - they've said it in order to try for enhanced costs for unreasonable behaviour; the OP should spin that back on them as per C-m's observations.

BrownTrout

Jenni_D said:

BrownTrout said:

ihatetrump said:

Thanks @Jenni_D

How do I go about raising a preliminary matter? at the beginning of the hearing or more formally beforehand?

The Notice of Allocation, stated:

At least 14 days prior to the final hearing the parties shall send to each other and to the court any additional document and witness statements they intend to rely upon at the hearing. Failure to comply with this order will mean that the party will not be entitled to rely on any additional documentation without permission of the court.

Their delivery was less than 18 hours before the scheduled hearing.

Skeleton arguments are often exchanged a day before the hearing so this isnt really an issue.

Maybe between legal teams ... but is it normal where one party is a Litigant in Person? IMHO it is unreasonable and the OP should raise this; they should also raise the "false statement" allegation as that is a very serious accusation - they've said it in order to try for enhanced costs for unreasonable behaviour; the OP should spin that back on them as per C-m's observations.

Irrelevant really if one is a LIP or not

BrownTrout

ihatetrump said:

Skeleton arguments are often exchanged a day before the hearing so this isnt really an issue.

So basically I have 12 hours now to digest it and to prepare a response to their drivel? - including rebutting their own factual irrelevances and inaccuracies - bring it on then.

No not really you misreading the purposes of a skeleton argument.