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

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    I agree.  Preparation is key.

    But where a Claimant cites an unreported 'nothing' of a case and can't be bothered to provide a transcript, it won't even get a mention at the hearing.
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  • Mouse007
    Mouse007 Posts: 1,062 Forumite
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    I agree.  Preparation is key.

    But where a Claimant cites an unreported 'nothing' of a case and can't be bothered to provide a transcript, it won't even get a mention at the hearing.

    That's nice to know :)

    I have BW Legal's template Skeleton Arguement quoting the same case - with empahasis added "It is not dependent upon proof..." splutter splutter splutter WHAT?



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  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    I agree.  Preparation is key.

    But where a Claimant cites an unreported 'nothing' of a case and can't be bothered to provide a transcript, it won't even get a mention at the hearing.
    That’s useful, I wasn’t aware of that, I just didn’t want to rely just on my defence case law and supplementaries  without knowing what theirs was. I’m not even sure they’ll turn up but as  Mouse007 says, it’s better to be prepared…I’ve read the whole of Beavis and PE v Somerfield!

    I did read the Argus article and they reported HHJ Simpkiss quoting the BPA 10 minute rule stating,  she could have driven away within that time period. I would have liked to have that actual paragraph to throw back at them because I’m using the consideration and grace periods as a frustration of contract argument along with double recovery as abuse of process so it appeals to my sense of irony to use their own case law against them. 

  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
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    We don't use "abuse of Process" now, it is called "double recovery".
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    We had a letter from the solicitor with a statement of costs filed with the court They are showing additional court costs for a LPC Law agent of £200 and hearing fee of £62 & court fees £50. Can they claim these?
  • Umkomaas
    Umkomaas Posts: 43,830 Forumite
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    berty50 said:
    We had a letter from the solicitor with a statement of costs filed with the court They are showing additional court costs for a LPC Law agent of £200 and hearing fee of £62 & court fees £50. Can they claim these?
    They always do that. And no, they can't. Just a 'frightener' for you. £50 max - capped!
    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.

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  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    That was my understanding but I’m double checking everything these days!
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    I assume a law agent has a right of audience? 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 31 December 2022 at 6:44PM
    berty50 said:
    I assume a law agent has a right of audience? 
    What's a law agent? Are you in Scotland?

    Or do you perhaps mean an agent of LPC Law?     ;)
  • berty50
    berty50 Posts: 44 Forumite
    10 Posts
    An LPC law agent 
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