Court Claim Procedure point 5

Looks better with dates, yes.

Great - yes, go for it. You will have filed to the court and the claimant's solicitor the following:

- a witness statement with the facts and dates
- a skeleton argument with the legal arguments in bullet points, referring to cases in your evidence, the POFA, etc?
- evidence (the things listed in post #11, such as photos and case transcripts)?

Yes?

Make the copy for the court nice and organised in a file.

Also include a simple single page Index at the front, stating what is shown at each page number (and do number every page) and include a simple costs schedule in your file for the court and claimant, like this (hat tip to bargepole for showing me a blank costs schedule example):








Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00

Stationery, printing, photocopying and postage: £15.00

Sub-total £xxx.xx ======

I submitted a skeleton defence some months ago.

Nope you submitted your defence some months ago.

At this stage you MUST file a Witness Statement and evidence.

You do not 'have to' file a skeleton argument - but:

Where the evidence you wish to rely upon relates to defence legal arguments, rather than just the facts/dates in a WS, I would advise summarising your initial defence bullet points and appending the evidence (case transcripts, the Beavis sign as a comparison with their rubbish signs, and for keeper defendants arguing 'no keeper liability' you need to append the POFA Schedule 4, and Henry Greenslade's words, etc) to that skeleton.

Because they don't really relate to the WS, which is just the story of what you received & what you did to resolve the issue, dates and fcts only, not legal arguments.

As shown in other cases all over the forum. Try searching 'skeleton'. This is also explained in the NEWBIES thread under 'small claim' where Iamemanresu explains the difference between a WS and the skeleton.

You don't have to include one but otherwise your evidence/exhibits are just floating as unexplained attachments and if you didn't cite certain things in the interim defence, now is your chance to pull it all together and relate your initial defence to the evidence exhibits, transcripts etc. In post #11 you wrote what looks like a decent skeleton argument, then later you wrote a WS. Two different things.

Great, and that index & evidence will help you at the hearing, as you will be super-organised and ready to address your points. Take extra copies of the evidence, case transcripts and your own WS and skeleton, in case the Judge or other side reckons they've not received it. Also take proof of sending to the other side (sent email proof, or proof of posting to them of this evidence).

And your costs schedule and your Lay Reps proof of your right of audience, and attack their Right of Audience as a first tactic on the day to try to get their rep disallowed to speak:

http://forums.moneysavingexpert.com/showthread.php?p=72097115#post72097115

Take the cases suggested by the Prankster and the article from the Law Gazette and go for this like a rottweiler from the word 'go'!

Yes, you must copy the claimant's solicitors into everything (WS, skeleton argument, and all evidence, everything you are relying on) but their copy can be by email, not a nice organised file, no need to waste a stamp on them!

So email them the lot immediately and copy in another email account of YOURS, so you can then print out a copy of the received email to prove the date/time of receipt.

The only things that you can just 'turn up with' on the day would be your Lay Rep printout proving your Right of Audience and also that Law Gazette article & two cases that the Prankster suggests everyone takes in, to question THEIR rep's Right of Audience once you get into the court. That's worth asking the Judge to decide upon because if their rep is ruled not to have Right of Audience, they can't speak for the claimant at all, not a word, and you could then press for a default win because the claimant themselves have not turned up...