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CEL claim - stages after CCJ set aside

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Comments

  • Do I need exhibits for the case laws in 54 - 64?
  • Coupon-mad
    Coupon-mad Posts: 150,262 Forumite
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    Do I need exhibits for the case laws in 54 - 64?
    Add them as footnotes URL links. Do not expect the 4 months dead argument to be your top point. Some Judges don't like it.

    Asking for your standard £95 attendance costs (for loss of a day's leave or work) is normal, not cheeky.
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  • Okay, I'll add it. Thanks 
  • For the URL'S what's a good and reputable resource for case law examples? 
  • Umkomaas
    Umkomaas Posts: 43,089 Forumite
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    For the URL'S what's a good and reputable resource for case law examples? 
    Which ones?  They can be dotted around the internet. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Coupon-mad
    Coupon-mad Posts: 150,262 Forumite
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    For the URL'S what's a good and reputable resource for case law examples? 
    Bailii links to the actual transcripts.

    https://www.bailii.org/recent-accessions.html
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  • Cool. Think this is good for submission tomorrow. Thank you everyone. 
  • Do I need exhibits for the case laws in 54 - 64?
    Add them as footnotes URL links. Do not expect the 4 months dead argument to be your top point. Some Judges don't like it.

    Asking for your standard £95 attendance costs (for loss of a day's leave or work) is normal, not cheeky.
    5. Costs for loss of annual leave to be paid by the Claimant to the Defendant in the sum of £95. 

    My actual earnings are a lot higher. If i can prove it (payslip ?) can i increase to the actual?

    I dont wan't to get greedy, i just want the CCJ squashed, and ideally the whole matter!

  • Coupon-mad
    Coupon-mad Posts: 150,262 Forumite
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    Yes you can, there's case law to support that.  Maybe @Johnersh can recall the case.
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  • Johnersh
    Johnersh Posts: 1,540 Forumite
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    If you can prove actual earnings loss, do so. You will need evidence. If you're employed and take a day of paid holiday, don't expect to get it.

    CPR 27.14(d) and you'll have probably greater chance of getting it if the conduct of the other side is held to be unreasonable - 27.14(g).

    Nicholas Bowen KC got £1500 which almost certainly reflects the value of work turned away or c. 3hrs at his usual rate for a morning's hearing  to defend it.

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