Witness Statement Vs Skeleton Argument

drobotnik

I put it in my defence, I didn't file a separate claim. I didn't really understand at the time and assumed the judge could just use the arguments I made to decide those facts.

Umkomaas

I take it you didn't pay the court fee for your counterclaim?  If so, end of that chapter. 

drobotnik

Yep, another one bites the dust.

Coupon-mad

drobotnik said:

Well they didn't pay the fee and the court has written to the defendant to let them know the claim has been struck out 

Elms Legal represented VCS initially, but they dropped VCS as a client after I submitted the defence statement, but VCS carried on anyway through mediation. Bunch of time wasting cowards.

Yay!

Now we've cleared up the counterclaim question (no counterclaim was in play) then this is a straightforward win!

Congrats! I should have said...

ANOTHER ONE BITES THE DUST!

  

Adrian1999

So, how do you juggle the paying and not paying the court fees? Does this not put the defendant at risk of being liable?

I know I am clutching at what if's and scenarios.. but what if the claimant pays their trial fee on the day resulting in the dependent discovering this the next day?

EDIT: sorry, re-read a response of "I wouldn't risk that" - which is what I thought would be the case! otherwise, it is a game of chicken..?

Umkomaas

Adrian1999 said:

So, how do you juggle the paying and not paying the court fees? Does this not put the defendant at risk of being liable?

I know I am clutching at what if's and scenarios.. but what if the claimant pays their trial fee on the day resulting in the dependent discovering this the next day?

EDIT: sorry, re-read a response of "I wouldn't risk that" - which is what I thought would be the case! otherwise, it is a game of chicken..?

Not sure if I fully understand your question, but there is no court fee for the Defendant to pay (unless they, much later in the process, lose the case). 

Adrian1999

Here, the claimant did not pay their court fees, while the defendant held out and waited to pay theirs. Is this not a risky scenario?

If the claimant does actually pay on the on the day of the required deadline, and the defendant, without their fees paid, discovers this the following day. Does this effectively mean the defendants counterclaim is struck out, and will likely be held liable?

Umkomaas

Do you have a current live case, or is this a hypothetical question?  What would you be counterclaiming for?

Le_Kirk

Have you posted on this thread (from April last year) to ask a question or give an opinion?  If the former, you should start your own thread with some details.

Adrian1999

Le_Kirk said:

Have you posted on this thread (from April last year) to ask a question or give an opinion?  If the former, you should start your own thread with some details.

Umkomaas said:

Do you have a current live case, or is this a hypothetical question?  What would you be counterclaiming for?

I do have a live case. My intention is a genuine question to understand what the OP did here. 

I came across this thread as part of research for my WS. Sorry, my inherent nature is the need to understand or at least be able follow along. I hate being uninformed when discussing topics.