Guidance on next steps - Witness Statement Submission

BBL70

Coupon-mad said:

The letter about Particularised POC is presumably just saying the Claimant must do that, and they have sent you those already.

The other letter is about BOTH parties filing & serving their evidence and WS?

Letter 1 - dated 18-Feb-23

Claimant do file at court ... fully particularised particulars of the claim by 6 March [this has happened]
Defendant do file at court ... an amended defence by 20 March

Letter 2 - dated 18-Feb-23

The parties shall send or deliver ... to arrive no later than 18 March ... [a] written statements... [b]copies of any documents they propose to rely on ...

Coupon-mad

Ok so you can (or must?) do this too but normally it says you can if you wish, or words to that effect?

Defendant do file at court ... an amended defence by 20 March

BBL70

Coupon-mad said:

Ok so you can (or must?) do this too but normally it says you can if you wish, or words to that effect?

Defendant do file at court ... an amended defence by 20 March

So I should aim for the 18th March deadline for submission of everything?

Le_Kirk

In your first post you state that you have to submit Witness Statement by a certain date but above you state that you must file an amended defence.  Which is it?

B789

@BBL70 If the claimant has been ordered to particularise their PoC, then their original PoC were not good enough for you to file a proper defence. If the claimant has now filed a "particularised" PoC, you are now back at the "filing a defence " stage.

Would it be possible for you to show us the original Claim and their "particularised" claim?

BBL70

Le_Kirk said:

In your first post you state that you have to submit Witness Statement by a certain date but above you state that you must file an amended defence.  Which is it?

Both apparently - I have 2 letters both delivered on the same day

Trainerman

I think I read it similarly to @B789. It sounds like with amended particulars you can file an amended defence and then by xx date a WS

B789

BBL70 said:

Letter 1 - dated 18-Feb-23

Claimant do file at court ... fully particularised particulars of the claim by 6 March [this has happened]
Defendant do file at court ... an amended defence by 20 March

Letter 2 - dated 18-Feb-23

The parties shall send or deliver ... to arrive no later than 18 March ... [a] written statements... [b]copies of any documents they propose to rely on ...

You may want to contact the court and ask for clarification as it would appear you have a WS deadline BEFORE the new defence deadline.

Castle

B789 said:

BBL70 said:

Letter 1 - dated 18-Feb-23

Claimant do file at court ... fully particularised particulars of the claim by 6 March [this has happened]
Defendant do file at court ... an amended defence by 20 March

Letter 2 - dated 18-Feb-23

The parties shall send or deliver ... to arrive no later than 18 March ... [a] written statements... [b]copies of any documents they propose to rely on ...

You may want to contact the court and ask for clarification as it would appear you have a WS deadline BEFORE the new defence deadline.

Especially since 18th March is a Saturday.

BBL70

B789 said:

@BBL70 If the claimant has been ordered to particularise their PoC, then their original PoC were not good enough for you to file a proper defence. If the claimant has now filed a "particularised" PoC, you are now back at the "filing a defence " stage.

Would it be possible for you to show us the original Claim and their "particularised" claim?

Looking back through the correspondence the last letter I received was dated 30th August from the County Court notifying me that:

To all parties

A defence if this claim has been filed...
Details of the judge's directions will be sent to you in a notice of allocation

That was then followed by the letters dates 18th Feb and the documents from Gladstone's on 6th March