Right to use a lay rep

dbruvoir

Thanks. If it’s ok, I’ll post my first draft here for people to comment and suggest revisions. 

Taiko

That email is the right one for Horsham btw, as recently had to use it for a case I lay repped on. They're a nightmare to contact on the phone, and via email also sadly. 

Horsham also overlist cases, and we found out the day before our winning one was called all and moved to Brighton as too many had been allocated to the court on that day. 

dbruvoir

Thanks Taiko, yeah I called them just after 3.30pm today. At 5.02 the IVR basically said, “Goodbye, come back tomorrow”

dbruvoir

Hi all, BW Legal have emailed Claimant today with their Defence to Counterclaim stating at item 1: "The Claimant considers that the counterclaim discloses no reasonable cause of action for the following reasons, and should be struck out by the Court ..."

It then goes on to justify their actions by saying it's all good because teh parking charge is valid (which it is not).  They even talk some rubbish about Ts and Cs signage in the Car Park (it's Gatwick dropoff zone and NOT a carpark).

So is there some action I should take to head this off, or just let the process flow and react to what happens next?

@Coupon-mad , I now think I understand what you meant about the counterclaim needing to be "properly pleaded on a point of law".  I clearly missed a trick there and should have come here first. 

Galloglass

So is there some action I should take to head this off, or just let the process flow and react to what happens next?

They would say that wouldn't they. 

Does it refer anywhere to a Practice Direction (PD) or the Civil Procedure Rules (CPR). Your summary seems a bit light on detail.

dbruvoir

Apologies, I was only including what I thought was the pertinent part.

..." and should be struck out by the Court pursuant to its powers under CPR 3.4 (2) to avoid further wasted costs and time"

Do you want me to post the entire document?

The last point re-iterates:

"21. The Claimant requests that the Counterclaim be struck out"

Galloglass

Looks like a template as they really should have advanced a more detailed argument. Expect it to be ignored by the court.

The place to decide the merits of the case would be at the hearing itself, based on the facts and evidence before the judge. Essentially they are asking a judge to pre-judge the case. Can't see it flying.

dbru

The Defendant has received a letter from BW Legal outlining their view of "a complete factual background" and their "Client's response to [the Defendant's] Defence [and counterclaim]".  They have included redacted documents and images.

Should the defendant respond and include their evidence, or ignore it. 

Coupon-mad

It is not time to respond yet.

They had to reply to a counterclaim; that is their defence, just as you did a defence to their claim.   Currently it is balanced; both parties have defended.

dbru

Thanks @Coupon-mad, and so we ignore and simply build up the case for submission to the court?