Another DCBL Claim

blackmath

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

Reading this, they need to get permission from the court. How do I involve myself in those discussions?

I can also ask for a set-aside so that the original claim holds.

Umkomaas

blackmath said:

Umkomaas said:

I have also received a part discontinuance.

Could you explain that further please?

The claim is for multiple charges. They have sent a partial discontinuance for specific charges. In the official notice of discontinuance you can discontinue part of the claim.

OK, thanks for that. I suspect any remaining charge(s) will follow a similar path, but you can't be complacent and you must follow all the court procedures as required. 

I received a pack a while back claiming to be all the evidence (not a witness statement) they intended to reply upon in court (I haven't been asked for the same yet).

I'm surprised that DCB Legal have sent you any kind of 'pack' that isn't their WS.  Have you received a date for a court hearing?

blackmath

Umkomaas said:

I'm surprised that DCB Legal have sent you any kind of 'pack' that isn't their WS.  Have you received a date for a court hearing?

I have not. That is why I feel there is currently discussion between DCBL and the Court, who are clearly identifying deficiencies in their claim.

Umkomaas

blackmath said:

Umkomaas said:

I'm surprised that DCB Legal have sent you any kind of 'pack' that isn't their WS.  Have you received a date for a court hearing?

I have not. That is why I feel there is currently discussion between DCBL and the Court, who are clearly identifying deficiencies in their claim.

I doubt that. The CCBC is simply an administrative centre - paper shufflers, it is not involved in providing any legal advice to Claimant or Defendant. Anything sent by them to the Claimant is copied to you as the Defendant. There are no clandestine activities. 

blackmath

Umkomaas said:

blackmath said:

Umkomaas said:

I'm surprised that DCB Legal have sent you any kind of 'pack' that isn't their WS.  Have you received a date for a court hearing?

I have not. That is why I feel there is currently discussion between DCBL and the Court, who are clearly identifying deficiencies in their claim.

I doubt that. The CCBC is simply an administrative centre - paper shufflers, it is not involved in providing any legal advice to Claimant or Defendant. Anything sent by them to the Claimant is copied to you as the Defendant. There are no clandestine activities. 

I just meant the judge may be making requests. But you are right, I should presumably be cc'd in all those.

Umkomaas

blackmath said:

Umkomaas said:

blackmath said:

Umkomaas said:

I'm surprised that DCB Legal have sent you any kind of 'pack' that isn't their WS.  Have you received a date for a court hearing?

I have not. That is why I feel there is currently discussion between DCBL and the Court, who are clearly identifying deficiencies in their claim.

I doubt that. The CCBC is simply an administrative centre - paper shufflers, it is not involved in providing any legal advice to Claimant or Defendant. Anything sent by them to the Claimant is copied to you as the Defendant. There are no clandestine activities. 

I just meant the judge may be making requests. But you are right, I should presumably be cc'd in all those.

Which 'judge'?  If the case hasn't been allocated to your local court, no judge has been anywhere near this. 

blackmath

Umkomaas said:

blackmath said:

Umkomaas said:

blackmath said:

Umkomaas said:

I'm surprised that DCB Legal have sent you any kind of 'pack' that isn't their WS.  Have you received a date for a court hearing?

I have not. That is why I feel there is currently discussion between DCBL and the Court, who are clearly identifying deficiencies in their claim.

I doubt that. The CCBC is simply an administrative centre - paper shufflers, it is not involved in providing any legal advice to Claimant or Defendant. Anything sent by them to the Claimant is copied to you as the Defendant. There are no clandestine activities. 

I just meant the judge may be making requests. But you are right, I should presumably be cc'd in all those.

Which 'judge'?  If the case hasn't been allocated to your local court, no judge has been anywhere near this. 

It has been allocated. See post from 2nd September. Latest update was that the judge's order was being drawn.

I've sent an email to the court to make sure I haven't had a letter failed to be delivered.

blackmath

blackmath said:

It has been allocated. See post from 2nd September. Latest update was that the judge's order was being drawn.

I've sent an email to the court to make sure I haven't had a letter failed to be delivered.

Received response that it is still awaiting judges order to be drawn, so I haven't missed anything.

blackmath

I have a hearing date now, in May. Annoyingly its virtual though.

A previous direction said I need to send copies of everything to the other party 14 days before the hearing. No point sending it early right?

Coupon-mad

Definitely not.

The Public Consultation and Impact assessment for the new law is due to be published soon and there may be something useful in it that might be worth quoting (we can but hope).  It's certainly not the time to be doing a WS now if it's not due for 5 months.

We need you to come here and do that Consultation though - real victims opinions are needed - so don't disappear till April!  We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

Won't be published before Xmas, but it is imminent, so keep your eyes peeled in early 2023.

EDIT:  the Public Consultation is anticipated in the Summer.