Update Judgement - Both struck out (29th Feb) - Victoria Quays - Sheffield, S2 5SY

Coupon-mad

Anto_28 said:

The post lady has just been and no WS received from VCS.

With a hearing date of 29th February do I need to send mine today by 4:30? I'm acutely aware of the directions by the court around the docs needing to be delivered no later than 14 days before.

Do you mean 26th?

14 days before 29th is not today.

It's easy.  The final deadline is obviously the same day of the week as the hearing, 2 weeks before.  And you'll be emailing it.

Anto_28

VCS wont accept service by email so I have to post.

Which got me thinking I need to post a further 2 days before the 14 day deadline as posting adds 2 days right? so 14 days before the 29th would be the 15th and 2 off that the 13th. So post it tomorrow 🤔

Coupon-mad

OK but also copy them into the email bundle too. Do they can't send a rep who pretends it didn't arrive or had fewer pages...

Debszzzz2

Anto_28 said:

VCS wont accept service by email so I have to post.

Which got me thinking I need to post a further 2 days before the 14 day deadline as posting adds 2 days right? so 14 days before the 29th would be the 15th and 2 off that the 13th. So post it tomorrow 🤔

If VCS has previously communicated by email without objection, it could be inferred that communicating with them by email, including attaching documents, is acceptable. This inference arises from the principle of implied consent.

If VCS is deliberately refusing to accept service of documents by email, despite being willing to use email for all other communications, it may suggest a deliberate attempt to frustrate the legal process. This could be seen as a strategic manoeuvre to delay or hinder legal proceedings.

By refusing email service, it would appear that they are deliberately attempting to create obstacles in order to hinder you.

Trainerman

If you are posting, don't forget the all-important proof of posting.

Johnersh

This inference arises from the principle of implied consent.

Except the CPR is a set of codified rules and it does no permit email service without specific permission, so by all means email, but post it as the o/p planned.

Interesting to see if a statement is served. It may be difficult for them to get something credible from the parking attendant and the counterclaim has already given them opportunity to set out the generic fluff that normally goes in their statements 

Anto_28

Does schedule of costs go with the WS or with the Skeleton argument? if the latter, do I need to mention a SOC to follow?

Coupon-mad

Either. And no you don't.

Johnersh

Costs schedules can go in very close to the hearing. I like to leave it late so as not to remind my opponent, but that's how I roll. Safety first has much to commend it too.

CPR 44 PD 44.6:

Duty of parties and legal representatives
9.5
(1) It is the duty of the parties and their legal representatives to assist the judge in making a summary assessment of costs in any case to which paragraph 9.2 above applies, in accordance with the following subparagraphs.
(2) Each party who intends to claim costs must prepare a written statement of those costs showing separately in the form of a schedule –
(a) the number of hours to be claimed;
(b) the hourly rate to be claimed;
(c) the grade of fee earner;
(d) the amount and nature of any disbursement to be claimed, other than counsel's fee for appearing at the hearing;
(e) the amount of legal representative's costs to be claimed for attending or appearing at the hearing;
(f) counsel's fees; and
(g) any VAT to be claimed on these amounts.
...
(4) The statement of costs must be filed at court and copies of it must be served on any party against whom an order for payment of those costs is intended to be sought as soon as possible and in any event –
(a) for a fast track trial, not less than 2 days before the trial; and
(b) for all other hearings, not less than 24 hours before the time fixed for the hearing

ppc's frequently claim costs, but rarely provide any of the following:

* A breakdown/evidence of the work done as required;

* any evidence of retainer or any receipt from their debt collectors for which costs are claimed

* Any evidence that their signs permit them to claim a flat rate fee of enhanced costs beyond a PCN were the court to permit recovery of that.

A failure to serve a schedule should be used as an opportunity to ask the court to disallow costs as it is then virtually impossible to summarily assess costs there and then. For the same reason the o/p should get his schedule in as the rules require.

As a general proposition there will not often be a requirement to file a skelly. As such there is also no guarantee a judge will read it. 7 days before is fine. If referring to lots of cases, consider preparing a separate bundle of authorities to assist the court, containing all the judgements referred to (including those referred to by the defendant, if any).

Anto_28

Thank you everybody for your inputs. I'll get the WS in the post this morning and the costs schedule can go later

Will update is a WS is received.