Defence help please ***updated*** now at WS stage

writeaboutnow

Continuing to try and understand the template Defence paragraphs... could I ask about the one which states:

"With reference to the POC, the Defendant is unable to understand with certainty what case is being pursued."

(As, ironically, I do feel that I do know what is being pursued... )

Maybe there are details that should be in the POC that aren't, that I don't know about??

KeithP

writeaboutnow said:

Maybe there are details that should be in the POC that aren't, that I don't know about??

There certainly are.

Usually the PoC just say you broke the rules. That simply isn't good enough.
It is for the Claimant to state their claim.
Isn't that all covered in Johny86's paragraphs?

writeaboutnow

There certainly are. Usually the PoC just say you broke the rules. That simply isn't good enough.
It is for the Claimant to state their claim.
Isn't that all covered in Johny86's paragraphs?

Ahhh... so what initially looked quite detailed and legitimate, now reads like some basic cowboy drivel  
All thanks to your wise perspective @KeithP - thank you!

Still doing my homework on those

KeithP

writeaboutnow said:

Isn't that all covered in Johny86's paragraphs?

Still doing my homework on those

Then let me help you. 

Johny86's paragraphs are there purely to draw the court's attention to the inadequacies of the Particulars of Claim.

writeaboutnow

I see, thanks for explaining... in the meantime, I have been busy Googling CPR 16.4, 16PD3 and 16PD7....

writeaboutnow

Happy to report that after much deliberation and scrutiny throughout this week, I successfully met my own deadline for emailing my Defence to CCBC this afternoon - thanks to all of your invaluable help with writing my draft and making sense of things! 

writeaboutnow

After a whole lot of tumbleweed passing of time following receipt in November 2023 of my Notice of Transfer of Proceedings, I finally received - 16 months later - the Notice of Allocation/my court hearing date, which is scheduled for mid way through June. However, I only have a couple more weeks to submit my WS and am trying not to feel too pressurised by the fact that the Judge's Directions state (among other things) that my WS is limited to 4 sides... I'm assuming this includes the list of Exhibits, which in themselves will exceed 2 pages of A4, will they not?! 🤔 

Looking for guidance on how to go about this, thank you.

Coupon-mad

I din't think a WS page limit can include attachments. Impossible!

Your WS can be quite short as you don't want to repeat the defence. Have a look at thd WS by: 

@imulsion

@Harry77

writeaboutnow

I've already compared my Defence with a copy of the WS by @imulsion (thank you) and it does look like I can edit a fair bit out. So you don't think it will go against me for appearing to 'disregard' directions of the 4 sides limit by including extra pages?

Coupon-mad

4 pages CANNOT include exhibits.