CCJ Set Aside Question

Coupon-mad

Also do a fresh costs assessment now - early - to include attendance for this second hearing and clearly reminding the court that your costs are reserved.

Brightonrock123

Thank you, do you still recommend waiting for DCBL's WS before I complete mine?

Yes I'll do my costs assessment now to include the new hearing date and highlight the costs reserved from before, thank you.

Le_Kirk

Brightonrock123 said:

Thank you, do you still recommend waiting for DCBL's WS before I complete mine?

Yes I'll do my costs assessment now to include the new hearing date and highlight the costs reserved from before, thank you.

Will you have time - what are your respective deadlines or are they the same?  It is best if you can get a sight of what they write in their WS and you can counter them in yours but do not: -
miss your deadline
get involved in WS ping-pong (judges hate it)

Brightonrock123

Hi thank you for commenting.

Yes I have double checked the documents and the claimant has until 17th March to pay the court fee of £27. And I/we have until no later than 14 days prior to the court date to submit witness statements and evidence.

So from my understanding it would be best to a) wait for the claimant to file their witness statement first, however if they don't b)file mine regardless prior to 17th March in case they discontinue to remind the court of my costs reserved from the Set Aside hearing.

Thank you all again you have been such a fantastic support in all of this.

Coupon-mad

Well they'll discontinue soon so I wouldn't wait. I'd get all this filed & served THIS month because your battle is your costs and you want your court not to just get their discontinuance and assume the case is over.

And a skeleton argument in support of your case if you haven't yet relied on the new case law in Mazur v Speechlys (search the forum). Add wording about that.

I also posted about a High Court case of Brookes earlier this week which supports the argument that CPR 38 creates a 'usual rule' that the winning party in a hearing (your first hearing) gets costs and that a very late discontinuance can be part of a course of unreasonable conduct.

Search for a post by me this week including the keywords Brookes and Mazur.

Brightonrock123

Thank you so much I have emailed everyone my witness statement and costs assessment, and made a note about Mazur v Speechlys to add to my skeleton argument if it comes to needing it.

I appreciate your time, hopefully in a month we can "another one bites the dust" this thread!

Brightonrock123

Hi there,

DCB Legal have sent across their witness statement on behalf of CP Plus LTD T/A GroupNexus, so it appears they have paid the court fee. Shall I post the witness statement here?

Thank you all again.

Coupon-mad

We only need to know:

Who signed it? A solicitor, or not?

Anything important & specific in their evidence?

And we'll look at the landowner authority and any signage photos.

Brightonrock123

Hi thank you.

It is signed by David John Croot (Solicitor).

Annoyingly they have disabled the option to copy text so I am going to post some screenshots of the bits that may be suitable…

Brightonrock123

These are the images they have put in place.