VCS - Southend Airport No Stopping - RK - Not Driver - Costs Awarded - Another One Bites the Dust

stop_this_nonsense

Sorry. Omitted an important closing comment:

"It's like amateur hour at the ******* circus." - Logan Roy

Coupon-mad

They do not have to pay costs if appealing the decision. The costs are in limbo at the moment and dependent upon the next hearing.

stop_this_nonsense

Hi all.

So the Application Hearing is on Friday. I'm going ... but what do I do? What can I do?!

ChirpyChicken

Well it isn't your applicarion here so you don't have a right to he heard but it's down to the judge at the end of the day. He wish to hear the arguments you have advanced 

stop_this_nonsense

ChirpyChicken said:

Well it isn't your applicarion here so you don't have a right to he heard but it's down to the judge at the end of the day. He wish to hear the arguments you have advanced 

@ChirpyChicken
 ... but I haven't submitted anything - ther was nothing on the order that gave me space to present a WS. I'll just turn up and see if I can get my view in if a chance presents itself.

ChirpyChicken

Sorry I think I misread something 
In that case have a crib sheet with your main points and ask the judge if he will allow you to address the court.

stop_this_nonsense

Excellent! Will do. 

Johnersh

Interesting.

Procedure for discontinuing

38.3

(1) To discontinue a claim or part of a claim, a claimant must –

(a) file a notice of discontinuance; and

(b) serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance that they have served notice of discontinuance on every other party to the proceedings.

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

(4) Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

(5) A notice of discontinuance must be in Form N279 unless the court permits otherwise.

...

So not only was D not informed, a notice was filed at court confirming that D had been, when that was not the case.

That's going to be awkward if they have to acknowledge that.

Bazarius

How did the hearing go today ?

ChirpyChicken

Bazarius said:

How did the hearing go today ?

Yes please let us know