Claim Form Received / Highview Parking / DCB Legal

deezee3k

Jenni_D said:

The only thing you don't need to include is copies of legislation. (e.g. CRA, POFA ... you can merely quote the relevant sections).

I have PoFA as an exhibit and another couple of cases. Should this be taken out as exhibits and just made reference to in the main body of the WS?

Thanks

Jenni_D

I suspect you don't have the whole of PoFA, only the relevant parts of Schedule 4. If you already have them and your WS is worded accordingly then you don't need to take them out.

deezee3k

Thanks for everyone's help. I'm almost ready to submit.

For schedule of costs, being conservative I have put down 35 hours for prep, research and drafting.

I have definitely wasted more time on this but does this seem reasonable? Could my case be looked at unfavourably if I entered even more?

Le_Kirk

deezee3k said:

For schedule of costs, being conservative I have put down 35 hours for prep, research and drafting.

I have definitely wasted more time on this but does this seem reasonable? Could my case be looked at unfavourably if I entered even more?

It won't be looked at unfavourably but you will find that you won't get anywhere near that amount unless you can prove unreasonable behaviour on behalf of the claimant

deezee3k

Thanks @Le_Kirk. It's not the fact of getting as much money as I can from this - that's just an assessment of my time which is something I need to submit. The important thing is my defence being successful.

Jenni_D

Have you itemised how you've reached 35 hours?

Le_Kirk

deezee3k said:

Thanks @Le_Kirk. It's not the fact of getting as much money as I can from this - that's just an assessment of my time which is something I need to submit. The important thing is my defence being successful.

Yes but is is a costs assessment so your hours times £19 per hour (litigant rate from the CPR) will translate to money.

deezee3k

Jenni_D said:

Have you itemised how you've reached 35 hours?

Referenced as 'Research, preparation and drafting documents'

Jenni_D

I think the suggestion is to itemise it:

Review of Claimant's Particulars of Claim/Claim form = X hours
Research for defence= X Hours
Creating Defence = X Hours
..
..
Total = Z hours @ £19 per hour = £YYY

 

Coupon-mad

deezee3k said:

Jenni_D said:

Have you itemised how you've reached 35 hours?

Referenced as 'Research, preparation and drafting documents'

No chance.  You have to break it right down and also summarise the 'unreasonable conduct' that you say meets the high bar of the Dammerman test.