Set-Aside Hearing Tomorrow....need help!

Chloe_Meow

Coupon-mad said:

I don't know why you read (or how you even found) an old thread about abuse of process and old cases being struck out three or four years ago.

If we had to write a new thread explaining why every old thread is old, we'd die...

It's a bit like asking why reading an old newspaper - that you found in an abandoned shed - with a nice article about the Queen is out of date news, and is she still not the Queen?!

Old threads are OLD NEWS unless they are sticky threads.

But the short answer is that two appeal cases stopped Judges striking out cases (even though they were right and the Circuit Judges were wrong).

Both those cases are mentioned in the Template Defence which is a top sticky thread that you SHOULD have read.

If I had the time I would love to knock up a paper introducing AI into forums that would streamline forums so old is OLD and new is NEW. The amount of time and errors it would save people would be immense.

Chloe_Meow

I think I've found one of the cases of Appeal for the overcharging: www lpc-law co uk/news/appeals-succeed-after-judges-raised-un-pleaded-points/ ( add full-stop in the blanks - I can't post links quite yet) 
...I guess it was unpleaded but the DDJudge took the initiative...good man!

Coupon-mad

No, it wasn't unpleaded. Long story and not important to you now.

Chloe_Meow

I've drafted a Draft Order to present to the Judge in response to the Draft Order the Claimants have put forward. Please provide feedback.Can I request the Judge to order the Claimant to file Particulars I have requested in my Witness Statement (not too different to template WS)? Is requesting 28 days to file a Defense pushing it?I've left the costs in, in case my situation changes.

Upon considering the Defendant’s application dated XX XXXXXX 2022, it is ordered that:

i.         The judgment dated XXth XXXXX 2021 be Set Aside.

ii.       The Claimant do pay the Defendant’s costs of this application on an indemnity basis and pay all costs in any event, particularly the Court’s decision to reserve costs.

iii.      Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on ………………………………….............  the claim will be struck out without further order.

iv.     If the Claimant serves the Claim Form as directed in part iii, the Claimant is ordered to file the Particulars requested in paragraph 2.12 and sub-paragraphs of the Defendant’s Witness Statement within 14 days of the Claim Form being filed or the claim will be struck out without further order.

v.       The Defendant shall file and serve a defence within 28 days of part iv being satisfied.

vi.     Should the Claimant discontinue the Claim after the CCJ is Set Aside, part ii shall cease to have effect and the Claimant shall pay the Defendant's costs plus the Defendant's costs for attending the hearing.

Coupon-mad

I don't think ii or iv make sense (grammatically or factually) but the rest does. 

Chloe_Meow

Corrections below, is this better? Also, is indemnity basis better than stating reserve costs? The particulars are from the set aside WS under the Order for dismissal section when if the Claimant disagrees with my reasons for dismissal then I've requested for a list ofparticulars to be filed.

ii.      The Claimant shall pay the Defendant’s costs on an indemnity basis.
iv.     Within 14 days of filing the Claim Form, the Claimant is ordered to file the Particulars requested in paragraph 2.12 of the Defendant’s Set Aside Witness Statement or the claim will be struck out without further order.

Chloe_Meow

In the Draft Order, should I put a order in for the claimant to provide details of planning permission for signage. I didn't find any permission/applications on the council website andI know, googlemaps that the signage has changed.

Coupon-mad

Chloe_Meow said:

In the Draft Order, should I put a order in for the claimant to provide details of planning permission for signage. I didn't find any permission/applications on the council website andI know, googlemaps that the signage has changed.

No, it is not relevant.

Le_Kirk

Your title in the opening post stated set-aside hearing tomorrow, that is now today - are you at the court now?

Chloe_Meow

No, have a little time