JLA "Stopping" Charge

Jenni_D

Re, the supplementary bundle ... make it clear that you've had to do this because the combined bundle prepared by the Claimant (per the court's order) was very confusing and would be impossible for any party to use effectively.

Umkomaas

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

I'd use 'unreasonable behaviour' rather than 'misconduct'. 

Router66

Thanks Umkomaas, I agree..."misconduct" is the term used on the example I was directed to in the "Newbies" section (post 2) 

Router66

Thanks Jenni_D, I have amended the Cost Assessment as per the suggestions made by yourself and Umkomaas.
If I am following Coupon-Mad's advice correctly I think I need to send The Cost Assessment with wage slip to the court and the claimant, along with the supplementary bundle. The hearing is in 16 days time; when would be a good time to submit?

Coupon-mad

I didn't say to send any 'third bundle' (except your costs assessment, which I made clear must be filed and served in advance).

I wasn't suggesting you send further submissions (at all) which will drive the Judge mad if there are already hundreds of pages in the case!

Sorry if it was unclear but I advised to do a new index showing the correct page references and take 3 copies of that new sheet to court on the day of the hearing, to assist the Judge and both parties, and thereby quietly expose how rubbish the other side's bundle is (I was assuming it's in-person...?).

Router66

https://www.dropbox.com/s/7n332vse2inzru9/IndexP1-14.pdf?dl=0
Above link shows the format of my original WS index after adding the new page numbers?
There are 33 pages to the WS index with duplicate page numbers. The link is a screen dump of pages 1-14 so if this is OK I will do the same to pages 15-33 (Now pages 74-92). Pages 93-131 were not previously paginated or cross referenced in the WS so will remain as already indexed. What should I do about pages 18 to 30 of the VCS WS where the page numbers are all obliterated? 

Coupon-mad

Just put together something concise to assist the court and you.

Take 3 copies with you to the hearing (in person?).

Quietly expose their bundle for what it is...totally unworkable...the Judge should get quite angry with them.  Go for costs on the basis of wholly unreasonable conduct throughout.

Router66

Sounds like a plan...My main concern was the judge reading the bundle at the last minute, deciding not to hear the case and being lenient with them again.
And Yes, it is an attended hearing...
Thanks again for your help.

Coupon-mad

I think you need to politely cough and object if the Judge goes down that route, and ask how many chances does this legally-represented Claimant get, given the background... (a quick run through of what you've been put through thus far, how many Court Orders they've ridden roughshod over, and how it is impacting your peace of mind/daily life).

Say it from the heart, the Judge will listen.

Grizebeck

If its a block listing indeed the judge wont have read the case
Which court is it