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Won in court today—-(Previously) A little help and advice please.

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Comments

  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    Thanks for the suggestions 
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    edited 19 November 2022 at 5:59PM
    I have another question please.

    I have complied a draft witness statement and gathered together relevant documents for the court bundle and find I have quite a lot around 70 odd pages so now trying to fine tune it a bit. 

    One of the the strong arguments we have are the additional charges included in the original claim arguing this double recovery as a penalty plus an abuse of process etc. the question is…do I need to include the original court claim form which shows this in the bundle or can I just make reference to this as it was produced by the court?

    Thanks…
  • KeithP
    KeithP Posts: 41,296 Forumite
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    berty50 said:
    the question is…do I need to include the original court claim form which shows this in the bundle or can I just make reference to this as it was produced by the court?
    No, but it is only one page... hardly seems worth the effort of taking it out... or the effort of even asking about taking it out.   ;)
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    KeithP said:
    berty50 said:
    the question is…do I need to include the original court claim form which shows this in the bundle or can I just make reference to this as it was produced by the court?
    No, but it is only one page... hardly seems worth the effort of taking it out... or the effort of even asking about taking it out.   ;)
    It’s not about taking out but I’ve spent ages scanning to a PDF and realise I haven’t included it, so rather than go through the whole process again I wondered if I needed it as it’s court issued and should be part of the paperwork process already..
  • Umkomaas
    Umkomaas Posts: 43,830 Forumite
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    Many courts are refusing emailed bundles greater than 50 pages, so you might need to do some careful pruning. Ring the allocated court and ask if they have any limits. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    Thanks I will call and check. I do think I’ll need to redo and thin it out. I’m just wondering if I need to include the whole judgement summaries for case law I’m using or will just the reference and the relevant page copy be sufficient? 
  • So back to the question about other county court hearings summaries at the same court level. Can I use them, and if so, do I need to produce the whole summary or just the reference paragraph? 
  • Umkomaas
    Umkomaas Posts: 43,830 Forumite
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    edited 20 November 2022 at 12:08PM
    berty50 said:
    So back to the question about other county court hearings summaries at the same court level. Can I use them, and if so, do I need to produce the whole summary or just the reference paragraph? 
    Other county court judgments have no bearing on another county court's decision making process.  Which ones specifically do you have in mind?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    Jopson v Homeguard 9GF0A9E- Oxford CC
    Excel Services v Wilkinson G40Z465V- Bradford CC
    ParkingEye v MrsX Altrincham  3JD08399- CC


  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 20 November 2022 at 1:48PM
    berty50 said:
    Jopson v Homeguard 9GF0A9E- Oxford CC
    Excel Services v Wilkinson G40Z465V- Bradford CC
    ParkingEye v MrsX Altrincham  3JD08399- CC


    Jopson isn't at the same level, it was on appeal so it was the Circuit Judge.  That one is persuasive if your case is similar.

    Excel v Wilkinson you need too.

    The whole transcripts of both.

    Maybe PE v Ms X if that's the one about driving around looking for a space...ONLY if relevant.

    But how can your case be like both Jopson (residential rights and unloading or stopping briefly) AND the Parking Eye one (driving round looking for a space?).

    Which of those is really useful to your case?
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