CCJ after CN

tommoCF

Many thanks - I submitted a WS + evidence after the CCJ set-aside (p7 of this thread).

The Order I got confirming CCJ set-aside told me to submit a 'fully pleaded defence'. I responded to that Order by submitting my defence (from your template), along with a WS. So those are defending the original claim (the court has confirmed they have both docs in my file). 

Re costs - yes, I was wondering mainly about the £255 I paid for set-aside. The Order sent following set-aside doesn't mention costs. Does that mean I can't sumbit a costs assessment?

If I can, should I do that now? The latest Order (which gives hearing date) says by next week I need to ‘provide copies of all documents on which he intends to rely at the hearing’. 

Jenni_D

Yes, include a costs order.
Yes, send it all again (to court and other party) - even if they've already got it, it doesn't hurt to send again (in compliance with the latest Order).

tommoCF

thank you - do I need to include evidence of the costs as part of the costs order? 

Umkomaas

tommoCF said:

thank you - do I need to include evidence of the costs as part of the costs order? 

Yes, show a breakdown. 

KeithP

Remember that a copy of your Costs Assessment needs to be sent to the Claimant too a few days before the hearing.

Coupon-mad

What it all looks like is in the 2 court bundle examples by @Nosy or @jrhys.

tommoCF

thanks - looking back at the relevant @jrhys's thread (within which the template are very useful indeed, thank you), I note they included a response to the Claimant's WS within their bundle.

I refered to parts of the Claimants' WS in my own WS (explaining why their 'contract' is invalid), but I didn't do a full response. Should I?    

Le_Kirk

You should and here 2 July at 7:54AM is a link to a useful post by @Fruitcake who also often posts this helpful advice: -
Regarding redactions: -

In the recent Court of Appeal case of Hancock v Promontoria (Chestnut) Limited [2020] EWCA Civ 907 the Court of Appeal are now clear that most redactions are improper where the Court are being asked to interpret the contract
https://www.bailii.org/ew/cases/EWCA/Civ/2020/907.html 

and this regarding execution: -

With regards to the contract, it fails the requirements of the Companies Act 2006 if it is not signed in accordance with the act and therefore is not a valid contract.

Section 43 of the above Act. Companies Act 2006 (legislation.gov.uk)

Search for Section 43 Companies Act 2006 (legislation.gov.uk) Auntie Google may help.

Coupon-mad

You don't have to do a full response to their WS.   Write some notes for the hearing and tackle it there.  The only thing you can't do is cross examine the rep, because they are only a hired gun.

tommoCF

Don't think I can really respond to the C's WS anyway, since both parties have til this week to ‘provide copies of all documents on which they intend to rely at the hearing’, as stated in the latest Order. So C could change their WS from what they wrote in response to my set-aside application I guess, in theory? But yes, I'll ensure I have notes for the hearing. Don't think it'll be a rep though as it's a phone hearing; rather it'll be the ppc owner.

It gets confusing with cases post set-aside, since things seem to work the wrong way around as you mentioned before Coupon-mad.. To comply with the judge's Order after the set-aside I sent a 'fully pleased defence' which was defence using template + WS and exhibits. In complying with the latest Order, I'm only really adding a costs schedule to what I sent before. I emailed defence + WS to both parties previously, and also took a hard copy to the court, in a binder with section markers. So guess I'd better re-do all that + add a note to make sure they'll use the right one..

I note from @jrhys's hearing report, the judge wasn't interested in his costs assessment and only awarded half his witness costs ; nothing persuant to CPR 44.11.. I can't include wintess costs since the hearing is by phone - now wondering if it's worth including costs at all tbh? Main one is the set-aside fee, not sure of how to refer to that within the costs schedule - is it additonal costs for misconduct persuant to 44.11, same as for litigant in-person costs? I also have receipts for using a pay+display carpark when I was last resident at the flat over the summer since the pcc were still illegitimately active and I had nowhere else to park. Not sure how to present those within costs schedule either?..