Upcoming court case - UK CPM

velour

Thanks @KeithP. Do I need to do anything in advance of the hearing to have either a McKenzie friend or Lay Rep, or can I ask the judge on the day?

Also just had an email through that an advocate will be attending in place of the Claimant, retracting their notice of non-attendance.

Umkomaas

Thanks @KeithP. Do I need to do anything in advance of the hearing to have either a McKenzie friend or Lay Rep, or can I ask the judge on the day?

Let the Court Usher know on arrival - they will inform the judge. 

Also just had an email through that an advocate will be attending in place of the Claimant, retracting their notice of non-attendance.

Pretty much standard practice. 

Fruitcake

Take a copy of the Lay Reps right of audience with you.

velour

Fruitcake said:

Take a copy of the Lay Reps right of audience with you.

That's a good tip. I will, thanks. 

velour

Hi all,

Just wanted to say a huge thanks for all the support and help from this forum. Just got back from court and we won, including 1/2 day loss of earnings costs.

UK CPM gun for hire turned up and just put a basic case forward that the signage was clear and hence contract existed and was breached. The judge was very supportive of a non-professional and gave support and guidance as well as asking specific questions to help make the right point, ultimately agreeing that the signage was non-existent and certainly not clear enough to warrant agreement to contract terms.

Some interesting points:
- The judge had not received our witness statement, despite it being emailed and receiving confirmation of receipt from the court. UKCPM hired rep also stated that the witness statement was not delivered within 14 days (submitted by email exactly 2 weeks ago today). Her view was that we should have accounted for bank holidays and sent sooner. Judge was happy to admit anyway and nicked my printed copy. He stated that 8 working days rather than 10 should be plenty of time to prepare

- The judge spent some time talking about the punitive costs (£70 in this case). His view was that he would not have allowed these whatever the judgement as the signage stated additional costs on an indemnity basis and as he had no proof at all about what the costs were indemnifying he would not allow. He also said that 8% interest was over the top

Thanks again, really happy to not have this hanging over me any more!

B789

Well done. Great news for the end of the week with another intellectually malnourished solicitors firm and PPC given the spanking they deserve in court.

Which judge and which court?

"Her view was that we should have accounted for bank holidays and sent sooner"

As a matter of interest, what did the court papers say about the deadline for submitting the WS? Did they say "14 days" or "14 working days"?

velour

Which judge and which court?

Not sure it's OK to say in a public forum?

The court papers definitely said 14 days, not working days. Was ready to argue this point but the judge admitted anyway so no problem.

Taiko

velour said:

Which judge and which court?

Not sure it's OK to say in a public forum?

The court papers definitely said 14 days, not working days. Was ready to argue this point but the judge admitted anyway so no problem.

DDJ Talbot-Ponsonby at Reading County Court, perhaps? You'd left the name of the court in one of your documents on here before, so just found the listing! Its' perfectly fine to say this now the case has concluded!

Congratulations on the win! 

B789

Seconded what @Taiko says. These court proceedings are in the public domain.

velour

Thought I'd done so well with the redacting

Yes, Reading court but actually UKCPM case