Claim Form | Gladstones | Premier Park Ltd - assistance required

Coupon-mad

Read a few recent WS examples. They are everywhere. I've just replied on 4 threads at the exact same stage so you don't even need to search for them.

AxelMoney

First draft of the WS is complete.  Which relies heavily on other WS and less so on the circumstances of my own case.

Can pouring scorn on the fact that the Gladstone WS has been made by a legal assistant, and not someone with direct knowledge of the facts lead to a strike-out prior to the hearing?

Coupon-mad

Probably not.  Almost certainly no.

It's all a bit of a game played out at the hearing, where the Judge serves the first ball and you stay alert to eye contact and the Judge's body language & verbal cues, and drop anything they frown at and run with the points he/she likes best, and bat it right back at the Claimant's hapless rep.

LDast

AxelMoney said:

First draft of the WS is complete.  Which relies heavily on other WS and less so on the circumstances of my own case.

Can pouring scorn on the fact that the Gladstone WS has been made by a legal assistant, and not someone with direct knowledge of the facts lead to a strike-out prior to the hearing?

It isn't like to lead to strike out before the hearing as it has already been allocated to your local court. However, you should be prepared to raise the issue at the hearing with something like this.

I respectfully bring to the courts attention that the Claimant's Witness Statement, signed by [Paralegal or Solicitor's Name] of Gladstones Solicitors, does not comply with CPR 32.4 and Practice Direction 32, which require that a witness statement be made by an individual with direct knowledge of the facts. Furthermore, Practice Direction 32, paragraph 18.2, stipulates that the statement must be in the witness's own words and include details of how the witness has direct knowledge of the matters stated. As [Paralegal or Solicitor's Name] does not have direct involvement in the events in question, the Witness Statement fails to meet these requirements. In light of this non-compliance, the Defendant respectfully requests that the Court strike out the claim pursuant to CPR 3.4(2)(c) due to the Claimant's failure to comply with the relevant rules and practice directions.

You could also send the following to Gladstones as they have not made clear how their client or they arrived at the sums claimed:

Dear Sirs,

REQUEST FOR FURTHER INFORMATION PURSUANT TO CPR 18

I am writing to request further information and clarification regarding your claim, pursuant to CPR 18. Specifically, I request the following information:

1. A detailed breakdown of the sum claimed. What element is the principal and what element is "damages".
2. Detailed information regarding the "contractual costs" mentioned in the claim form, including a breakdown of what these costs consist of, the basis on which they were calculated and any supporting documentation.
3. A detailed breakdown and explanation of the calculation of the interest claimed, including the start date and end date for the interest period, the rate applied, and the method of calculation.

Please provide this information within 7 days of receipt of this email. Failure to respond or refusal to provide the requested information, will result in an application to the court for an order requesting sanctions compelling you to do so and render you liable for any costs.

Yours faithfully,

It shouldn't affect the fact that they have already abused process as per the CEL v Chan appeal judgment.

AxelMoney

@LDast

Hi, can this CPR 18 request to Gladstone be incorporated into my WS?  Though it is unlikely they will respond in time, before I have to submit the WS. 

Coupon-mad

You can't use it at all because CPR18 doesn't apply in the Small Claims track. 

LDast

I'm pretty sure it's CPR 31 that doesn't apply to the small claims track. Part 18 of the Civil Procedure Rules allows a party to request further details of another party’s Statement of Case (PoC in this case).

A Part 18 request request would be made by one party to the other or by the court to either party. If you have requested Part 18 disclosure and the other party has not provided or refused to provide the further information, you can apply for the court to order it in your WS.

Coupon-mad

Part 18 information requests:

CPR rule 18 does not apply to small claims (CPR 27.2(1)(f)), but in a small claim the Court of its own initiative may order a party to provide further information if it considers it appropriate to do so (CPR 27.2(3)).

But in practice, they won't.

AxelMoney

Making a CPR 18 request not applicable then.

Would’ve taken the opportunity to antagonise Gladstones some more.

LDast

You can still make the request and advise that you will raise any refusal or failure to provide the requested information to the court anyway. They are supposed to have provided all this information in their LoC as part of the PAP.

Puts the borrow-dwellers on notice that they are going to be scrutinised and that any mendaciousness is going to be highlighted.