Excel & Elms CC Claim - Abuse of process

Jackobi

Thank you, does this sound ok?

To Her Hon Judge XXXXX QC,

I am the Defendant in the case and i am writing to inform you that i have not received the Claimant's evidence bundle which i understand is a breach of the court order that requires both parties to file and serve the documents they would rely on no later than 14 days before the hearing.

I was informed by the court today (25th May 2022) that they too had not received the Claimant's evidence bundle. It has now been 7 days after the 14-day deadline of May 18th and 7 days before the hearing and there has been no explanation from the Claimant about this breach. The Claimant has not replied to any of my correspondance including a Subject Access Request.

Both sides should have a fair amount of time to review the evidence so as to be able to prepare for the hearing. As i am yet to see any of the Claimant's evidence, i am severly disadvataged by their breach as i no longer have sufficient time to review their evidence.

I ask that the Claimant's evidence be struck out as a breach of the court order and that any relief from sanction (as I understand they have not asked for) as they have an inhouse legal team is refused.

If the court is minded to grant a strike out of the claimants bundle, I ask the court to use its case management powers pursuant to CPR 3.4 to strike out the entire claim; the claimant is required to prove their claim, and absent any evidence they are not able to do so.

Respectfully,

Coupon-mad

You haven't asked the Judge to grant your costs or confirmed that the Claimant was served with your costs assessment and you haven't attached a copy.

To Her Hon Judge XXXXX QC,

That can't be right.  It won't be an HHJ or a QC. Just put 'Dear District Judge'.

Jackobi

Good morning and thank you Coupon-mad! Made the amend to 'Dear District Judge'.

I can attach a copy of the cost assesment from my WS to the email? I hope to fire this off this morning if i get the seal of approval from you wise ones!

If the court is minded to grant a strike out of the claimants bundle, I ask the court to use its case management powers pursuant to CPR 3.4 to strike out the entire claim and grant me full costs for unreasonable behaviour. The claimant is required to prove their claim, and absent any evidence they are not able to do so.

As a litigant-in-person I have had to learn relevant law from the ground up and have spent a considerable time researching the law online, processing and preparing my defence and witness statement. I ask for my fixed witness costs. Please find my cost assessment attached which was served by post and electronically with my witness bundle to the Claimant on the 18th May 2022.

DEFENDANT’S SCHEDULE OF COSTS

Ordinary Costs: Loss of earnings through attendance at court hearing: £95.00

Further costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11

Research, preparation and drafting documents (16 hours at Litigant in Person rate of £19 per hour): £304

TOTAL COSTS CLAIMED: £399.00

Jackobi

Also do i need to let the Claimant know that im doing this?

patient_dream

Jackobi said:

Also do i need to let the Claimant know that im doing this?

As this bunch read this forum, you have told them.

Umkomaas

Jackobi said:

Also do i need to let the Claimant know that im doing this?

I would send a copy to them. 

Jackobi

Thank you Umkomaas.

patient_dream Your right, i better get this sent off quick!

Does it all look ok? Have i left anythig out?

Jackobi

Hello! Courts have come back and the hearing is still listed. The judge said I can bring this up again at the hearing 🤷🏻‍♀️

Not feeling too confident, how can you have a hearing with WS from only one side? 

Coupon-mad

Excel will probably discontinue to avoid facing the music!

Jackobi

Yeah my hearing is on Wednesday and haven’t  heard anything so looks like it’s still on! 

Double checking that I can attend as a translator and lay rep for mum without requiring permission first?