Major judgement where judge strike out the claim form

Grizebeck

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

Umkomaas

Grizebeck said:

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

There are a number of other very interesting case studies accessible via the above link. UKPC/DCB Legal, BWL, Napier, PPM, TPS, Britannia and others exposed, and on the end of costs awarded against them. Useful ideas for defending future cases. 

Coupon-mad

Grizebeck said:

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

I'd really like that transcript to help others and to inform the DLUHC.

I wonder if Jackson would share it with us and provide the claim number & date of judgment?

Grizebeck

Coupon-mad said:

Grizebeck said:

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

I'd really like that transcript to help others and to inform the DLUHC.

I wonder if Jackson would share it with us and provide the claim number & date of judgment?

Drop him an email maybe

Coupon-mad

Grizebeck said:

Coupon-mad said:

Grizebeck said:

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

I'd really like that transcript to help others and to inform the DLUHC.

I wonder if Jackson would share it with us and provide the claim number & date of judgment?

Drop him an email maybe

I will. He deserves congrats for both these judgments and we could REALLY use them and so could the DLUHC.

B789

Based on the outcome of the appeal, could some of the victims who have recently lost their cases, be eligible to appeal them? Whilst I understand that the judgment is not binding but persuasive, does this give hope to any recent cases that were lost on what appears to be other technicalities?

For example, almost every single DCB Legal claim would fail as not one complies with CPR 16.4 and Practice Direction to Part 16.

Coupon-mad

B789 said:

Based on the outcome of the appeal, could some of the victims who have recently lost their cases, be eligible to appeal them? Whilst I understand that the judgment is not binding but persuasive, does this give hope to any recent cases that were lost on what appears to be other technicalities?

For example, almost every single DCB Legal claim would fail as not one complies with CPR 16.4 and Practice Direction to Part 16.

Not appeal, no.  Crap isn't it?

Coupon-mad

But it does mean those with a claim (where the breach/term is not specified) could decide to apply for a strike out and use that persuasive judgment to support it.

I think a strike out application would be using form N244 (asking for an Order) but I'm not sure if that would be instead of defending, or concurrent with defending.

We could also do with a steer as to the words to put as a short WS and/or in the box asking for an Order striking out the claim...

@bargepole?

@Johnersh?

bargepole

Coupon-mad said:

But it does mean those with a claim (where the breach/term is not specified) could decide to apply for a strike out and use that persuasive judgment to support it.

I think a strike out application would be using form N244 (asking for an Order) but I'm not sure if that would be instead of defending, or concurrent with defending.

We could also do with a steer as to the words to put as a short WS and/or in the box asking for an Order striking out the claim...

@bargepole?

@Johnersh?

The problem with making an application on form N244, is that a fee has to be paid.

Much better to include in the Defence a preliminary matter paragraph, such as the wording I previously sent you off-forum.

B789

Is requesting a summary judgment possible? Does that require an N244 and fee?