DCB Legal Claim form issued - help drafting defence

1505grandad

"35. The Defendant asks the judge to read the persuasive Judgment from His Honour Judge HHC Murch (August 2023), and deliver the same outcome given this is the same Claimant and the exact same vague POC.

???  -  error as usual because it is in the exemplar NEWBIES WS where the claimant was PP but this was not picked up in the thread unfortunately.

troublemaker22

Has anything happened since 17 October 2023?

PartyPops

1505grandad said:

"35. The Defendant asks the judge to read the persuasive Judgment from His Honour Judge HHC Murch (August 2023), and deliver the same outcome given this is the same Claimant and the exact same vague POC.

???  -  error as usual because it is in the exemplar NEWBIES WS where the claimant was PP but this was not picked up in the thread unfortunately.

Just went through my final submitted defence and my 35. Does not read like this so I have most likely removed this part as I can’t find any trace of this in my defence.

Latest update on this case is I have finally received a hearing date in central london in September 2024.

I have a question though, on the last page of the hearing date document it says “Notice to the parties” and states “you must pay the hearing fee to your home court” does this mean I have to pay anything for this hearing before the date? 

Do I have to pay anything before the hearing date to the court? 

Also it says “each party must deliver to the other party and to the court office copies of all documents on which that party intents to rely at the hearing no later than fourteen days before the hearing” , do i need to send additional copies again and if so where to?

LDast

It's all explained in the Newbies/FAQ thread and in the 12 point checklist you're supposed to be following from the Template defence thread.

It is the Claimant that pays any hearing fees. You are the Defendant.

Coupon-mad

Of course defence was not your only job (the NEWBIES thread told you that) and you must send your Witness Statement and evidence by that deadline.

This stage - with linked thread exemplars - is fully explained in the second post of the NEWBIES thread.

PartyPops

Apologies guys its been like a year nearly since I had read it last.

It doesn’t say anything about where to send the witness statement, how do I send this to the court? Does it have to be posted or emailed ? Where to? The hearing address is different to the county court I selected.

Le_Kirk

Is the difference in court/hearing venue going to be an issue for you?  If so, you need to get going on that.  On your Notice of Allocation does it show where to send your witness statement and evidence?  If not use the GOV.UK court finder to get the e-mail address.

Coupon-mad

PartyPops said:

Apologies guys its been like a year nearly since I had read it last.

It doesn’t say anything about where to send the witness statement, how do I send this to the court? Does it have to be posted or emailed ? Where to? The hearing address is different to the county court I selected.

I think it does say in the NEWBIES thread that you just email your WS bundle to the local court where the hearing will be, and cc in the solicitors for the Claimant.

Show us your draft first.

What's the deadline?

PartyPops

@Coupon-mad

Hey! I've not been able to post recently as I had a new born.

So it says that the Claimant needs to by 4PM on 21 August pay the court the Trial fee of £85.00 or else the claim will be struck out.

Deadline to send WS is 14 days before hearing date so thats before 4th September I need to send it by.

I did draft my WS ages ago last year after I did my Defence document so my WS is very likely outdated and probably can do with improvements. Does it look good or do you suggest adding removing bits?
https://www.dropbox.com/scl/fi/srjykdozhhv2wvely9raz/WS-Censored-DCB.docx?rlkey=b0y45vo9awv9ixshwoatc9tn7&st=wwr4z05g&dl=0

Coupon-mad

Pretty good but remove para 4 otherwise the Judge will wonder why you kept repeating the same conduct, knowing the PCN risk. Leave that unsaid.

Change para 21 to add CPMS v Akande (search the forum for @Le_Kirk's newest judgments link including Akande) as there are now TWO persuasive appeal judgments saying claims like this should be struck out for want of complying with Part 16.