Gladstones/UKCPM Defence

Rinches19

Evening @Coupon-mad and other kind users of this fantastic forum. 

Would you please take a look at the WS posted above(and below), and point out any corrections or exclusions - at your earliest convenience of course..

One question if I may.....as Judge Elboz has ordered that the WS of Joshua Reid now stands as the PoC are paragraphs 3-7 still as relevant as in other claims and to be included. Or should I add to/replace this with something about a Gladstone paralegal not being a credible witness as I've seen in a few other claims?

Many thanks in advance as always!

Rinches19

https://drive.google.com/file/d/1SMFNDiKX0cdWeDNGxgarYKY4R_qcU0_o/view?usp=drivesdk

Coupon-mad

Remove the final sentence from para 15 and replace it with reference to the Duchess of Bedford House binding Court of Appeal case law, which is recent and important.

Your numbering has gone wrong after the 'exaggerated claim' heading, but I suggest you remove that stuff about the DLUHC, as it's old news and was no doubt in your defence anyway? Cut it right down. Sort out the para numbers!

You need to keep it to max 50 pages so instead of the very long exhibit with the multiple 'strike outs' just have Chan & Akande only. That shorter PDF with just those 2 appeal cases is linked in the Gladstones Defence in the first post of the Template Defence thread.

Rinches19

Brilliant - thanks @Coupon-mad!

Rinches19

https://drive.google.com/file/d/1ia7mONhRl1tR-uCwDmUrbxkAEfrRZPxq/view?usp=drivesdk

Coupon-mad

Merge 20 with 26.

Change 'statutory law' to statute law.

One question if I may.....as Judge Elboz has ordered that the WS of Joshua Reid now stands as the PoC are paragraphs 3-7 still as relevant as in other claims and to be included. Or should I add to/replace this with something about a Gladstone paralegal not being a credible witness as I've seen in a few other claims?

Yes I agree. Replace it.

Rinches19

Thanks again @Coupon-mad

So I'll remove the references to Chan and Akande and include:-

#. I respectfully bring to the courts attention that the Claimant's Witness Statement, signed by Joshua Reid 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 Joshua Reid 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. 


As I haven't received the WS from Gs for this hearing, do I assume they'll use the same WS as the set-aside hearing? The court deadline is 14/7/25.

Also, would there be any relevant caselaw I can reference regarding WS by someone without direct knowledge, etc.? 

1505grandad

Don't forget to put "Ltd" on the claimant's name in the heading as per claim form?

Coupon-mad

Rinches19 said:

Thanks again @Coupon-mad

So I'll remove the references to Chan and Akande and include:-

#. I respectfully bring to the courts attention that the Claimant's Witness Statement, signed by Joshua Reid 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 Joshua Reid 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. 

As I haven't received the WS from Gs for this hearing, do I assume they'll us the same WS as the set-aside hearing? The court deadline is 14/7/25.

Also, would there be any relevant caselaw I can reference regarding WS by someone without direct knowledge, etc.? 

There is case law if you search:

witness statements Civil Litigation brief

and read those articles by a barrister.

Rinches19

https://drive.google.com/file/d/1IqI31n1YLMg2NmXOXF10ww3nMsqiNYkv/view?usp=drivesdk