County Court Claim - Defence + Counterclaim

theeagleman

Got it thanks.

Yes did use some cases from them in the skelly.

If anyone gets time, please kindly take a look at it.

I asked the court to strike out the second WS and referred to the first WS in the skelly.

Coupon-mad

theeagleman said:

Here is the skelly argument (mainly 9 pages) with a very long appended evidence pack

https://www.dropbox.com/s/p8g61jkgjfbbk83/SKELETON ARGUMENT - REDACTED.pdf?dl=0

I saw 'pursual' (no such word). Should be pursuit.

And much of the start is opinion and assertions. Remove those.  A skelly is the legal arguments and supporting case authorities only.

Assertions, submissions and opinion has no place in a skelly.

For example, you can't state things like ' it is submitted that...' nor refer to 'something said in their WS is false' (but you CAN say that out loud at the hearing as long as you stay calm and don't go too far - no using words like 'fraud' - just a gentle warning to avoid heated allegations at the hearing. Keep the moral high ground). 

1505grandad

Some observations:-

"13. It is submitted the Defendant was abroad at the time of the alleged 

contravention and therefore could possibly not be the driver."

Above seems to suggest doubt that the D is not the driver  -  maybe:-

""13. It is submitted the Defendant was abroad at the time of the alleged 

contravention and therefore could not possibly be the driver."

"17. The Claimant still chose to pursue an unlawful debt in a harassing and bring....."  -  is there a word missing after "harassing"?

"23. The Claimant was was in......."  -  extra word

"24. The Defendant further relies (on rely) upon Vidal-Hall v Google Inc [2015] 

EWCA 311 (Appended Evidence E2)..........."  -  (remove)?

Just checking  -  does a skelly require any sort of SoT?

Coupon-mad

You could possibly add this Information Commissioner article to reinforce the fact that you do have a legal right to claim compensation for data abuse, including for distress:
https://ico.org.uk/your-data-matters/data-protection-and-journalism/taking-your-case-to-court-and-claiming-compensation/

Whilst the article focusses on journalism, the ICO reiterates a consumer's general rights under the DPA to seek damages for distress:

"Under data protection law, you are entitled to take your case to court to:

• enforce your rights under data protection law if you believe they have been breached
• claim compensation for any damage caused by any organisation if they have broken data protection law, including any distress you may have suffered, or
• a combination of the two."

theeagleman

Thank you for your suggestions, I followed another skelly that was referred to (a long one) and followed that - but have now simplified it and added the ICO info.

Coupon-mad said:

Assertions, submissions and opinion has no place in a skelly.

For example, you can't state things like ' it is submitted that...' nor refer to 'something said in their WS is false' (but you CAN say that out loud at the hearing as long as you stay calm and don't go too far - no using words like 'fraud' - just a gentle warning to avoid heated allegations at the hearing. Keep the moral high ground). 

Thank you for your suggestions as well!

And a very good question regarding SoT, I am not sure

1505grandad said:

Just checking  -  does a skelly require any sort of SoT?

Also - i submitted a cost schedule with the WS - should it be resubmitted seperately and can it be updated with other costs. This skelly has taken longer than anticipated, however I do not want to rock the boat too much.

https://www.dropbox.com/s/yvl0a2b5avcb9w9/SKELETON ARGUMENT - REDACTED.pdf?dl=0

Aim to submit to the Claimant + Court on Thursday evening/Friday Morning

Coupon-mad

1505grandad said:

Just checking  -  does a skelly require any sort of SoT?

No.

Also - i submitted a cost schedule with the WS - should it be resubmitted seperately and can it be updated with other costs.

Yes it can be updated and sent with the skelly.

theeagleman

Thanks, if you find time for a quick glance - would appreciate it.

Coupon-mad

Very good.

In #15 I'd state that, whilst the Vento bands were initially established for a case for damages for distress in a case under the Equality Act 2010, these bands have subsequently been more generally used in recent years as a guide for any case involving damages for distress as opposed to actual financial loss.

theeagleman

Coupon-mad said:

Very good.

In #15 I'd state that, whilst the Vento bands were initially established for a case for damages for distress in a case under the Equality Act 2010, these bands have subsequently been more generally used in recent years as a guide for any case involving damages for distress as opposed to actual financial loss.

Thank you.

Will amend and send off

theeagleman

All submitted last night. 

Should I print out everything (including my WS, their WS, and the skeleton argument including all the appended cases)? 

And how soon before the hearing should one turn up?