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Need My Witness Statement Checking Over

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11516182021

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  • KeithP
    KeithP Posts: 37,638 Forumite
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    iffy_jiffy wrote: »
    Thats not good.

    LoC - please could you confirm as Law is your field i hear (with all due to respect to everyone else as im not sure of their background!).

    Just putting £95 in the forum's search facility would've found the answer from many people - including LOC123.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Umkomaas wrote: »
    £95. That's about it for loss of earnings.
    iffy_jiffy wrote: »
    Thats not good.

    LoC - please could you confirm as Law is your field i hear (with all due to respect to everyone else as im not sure of their background!).

    Why would I say £95 if it wasn't correct?

    Asking for a second opinion throws my advice into doubt. The forum self-regulates if someone gets something wrong.

    I'll help elsewhere.
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • iffy_jiffy
    iffy_jiffy Posts: 108 Forumite
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    Umkomaas wrote: »
    Why would I say £95 if it wasn't correct?

    Asking for a second opinion throws my advice into doubt. The forum self-regulates if someone gets something wrong.

    I'll help elsewhere.

    THAT WASNT MY INTENTION, PERIOD. Thought i had read it different elsewhere after checking and scouring thr so many sites/forums.

    Apologies if it came across that way. And point taken on the "self-regulates" - get where you're coning from now.

    £95 it is. End of that point now. Thanks all.
  • Loadsofchildren123
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    iffy_jiffy wrote: »
    Understood, my bad! Will amend. Thanks.

    I'll use the following template for a cost schedule (https://forums.moneysavingexpert.com/showthread.php?p=72966188#post72966188):

    Is the below ok peeps?

    *****
    Schedule of costs

    Research and preparation of defence as litigant in person @£19 per hour 20 hours.
    Total £380.

    Printing of 2 copies of witness statement and 3 skeleton arguments
    Estimate £25.

    One day off work to attend hearing on xxxxxx @£20 per hour X 7.5 hours
    £150

    Mileage driven to attend court and return on xxxxxx
    2 miles @ £0.45 per mile
    £0.90



    Total costs claimed £555.90
    *****


    It needs to be more detailed I think.


    Break it down under headings:


    Correspondence
    (and then under this heading, correspondence with court, with them, with anyone else you may have written to in relation to the claim)
    Next to each party you corresponded with, say number of letters and then the hours/minutes taken. Lawyers break hours down into 10 "units" of 6 minutes, but it might be more convenient to break it down into units of 5 minutes and apply 5 minutes to each letter (more if you spent time writing it)


    Telephone calls
    (again, as per above)


    Documents
    (then list each document you drafted and how much time it took, then each document you received and read, including court orders, etc)
    So:
    Drafting:
    AoS
    Defence
    DQ
    WS
    SA
    Costs application/schedule
    Reading:
    Claim form
    C's DQ
    C's WS
    Orders (you should have had 2 in your case, the initial one telling you to do the DQ and the second one on transfer to your local court)


    Research
    (break this down into sub headings and put the time you spent next to each
    eg. Part 27 procedure and rules;
    pre-action obligations in the new Protocol;
    Case law


    Other
    (include things like site visits if you made any, plus time spent at court for the hearing - allow 3 hours plus travel time)


    Costs
    Postage and stationery £x
    then include here mileage to court, parking


    Loss of earnings
    £95 [take a payslip to prove how much you earn]
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • iffy_jiffy
    iffy_jiffy Posts: 108 Forumite
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    It needs to be more detailed I think.


    Break it down under headings:


    Correspondence
    (and then under this heading, correspondence with court, with them, with anyone else you may have written to in relation to the claim)
    Next to each party you corresponded with, say number of letters and then the hours/minutes taken. Lawyers break hours down into 10 "units" of 6 minutes, but it might be more convenient to break it down into units of 5 minutes and apply 5 minutes to each letter (more if you spent time writing it)


    Telephone calls
    (again, as per above)


    Documents
    (then list each document you drafted and how much time it took, then each document you received and read, including court orders, etc)
    So:
    Drafting:
    AoS
    Defence
    DQ
    WS
    SA
    Costs application/schedule
    Reading:
    Claim form
    C's DQ
    C's WS
    Orders (you should have had 2 in your case, the initial one telling you to do the DQ and the second one on transfer to your local court)


    Research
    (break this down into sub headings and put the time you spent next to each
    eg. Part 27 procedure and rules;
    pre-action obligations in the new Protocol;
    Case law


    Other
    (include things like site visits if you made any, plus time spent at court for the hearing - allow 3 hours plus travel time)


    Costs
    Postage and stationery £x
    then include here mileage to court, parking


    Loss of earnings
    £95 [take a payslip to prove how much you earn]

    Thank you - makes sense as it was brief and not broken down. Hows this:

    *************
    Schedule of Costs
    Each unit = 5 mins

    Correspondence:
    Court (MCOL – registering and filing) – 3 units
    Court (Emails) – 2 units
    Court (DQ) – 4 units
    Claimant (Letter 1) – 6 units
    Claimant (Letter 2) – 11 units
    LIDL (Email) – 2 units
    Total – 2hrs 20mins (28 units)

    Telephone Calls:
    Court (confirmation of receipt of Defence and Hearing Fee paid) – 2 units
    Total – 10mins (2 units)

    Documents:
    AoS – 1 unit
    Defence – 11 units
    DQ – 6 units
    WS – 88 units
    SA – 66 units
    Costs application/schedule – 6 units
    Total – 14hrs 50mins (178 units)

    Reading:
    Claim Form – 6 units
    C’s DQ – 3 units
    C’s WS – 22 units
    Orders – 2 units
    Total – 2hrs 45mins (33 units)

    Research:
    POFA 2012 Schedule – 22 units
    IPC (International Parking Committee) – 11 units
    Practice Direction – 11 units
    Pre-Action Obligations in new Protocol – 11 units
    Case Laws – 11 units
    Total – 5hrs 30mins (66 units)

    Other:
    Site visits to Car Park of alleged offence (x2) – 11 units
    Court visit – 33 units
    Total – 3hrs 40mins (44 units)

    Costs:
    Stationary, printing and binding for WS/SA/POFA Breaches/IPC Breaches - £35
    Mileage to court (drop of WS) – 2 miles @45p = 90p
    Mileage to court (hearing) – 2 miles @45p = 90p
    Total – £36.80

    Loss of Earnings
    £95


    Total Time – 29hrs 15mins
    Total – £131.80
    *************

    Costs are only for stationary/printing, mileage and loss of earnings. Time is a lot but it reflects time spent on everything including research/reading forums,
  • Loadsofchildren123
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    that's better - but name the documents by their full names and not abbreviated (eg DQ and WS), and at the end the total is misleading, you need to say what the 29 hours 15 mins adds up to at Litigant in Person rate of £19 per hour, then add on the other costs at £131.80 to reach a total.


    You need to look up the rule where the rate allowed is £19. The costs rules are I think 44 and 45, and each has a practice direction to accompany it, so have a quick look at those just so you can say which rule allows that rate.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • iffy_jiffy
    iffy_jiffy Posts: 108 Forumite
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    that's better - but name the documents by their full names and not abbreviated (eg DQ and WS), and at the end the total is misleading, you need to say what the 29 hours 15 mins adds up to at Litigant in Person rate of £19 per hour, then add on the other costs at £131.80 to reach a total.

    Will put the full names in and update the costs. Didn't want to ask further about the costs in case i got it wrong as i did as per above with Umkomaas :sad:
    You need to look up the rule where the rate allowed is £19. The costs rules are I think 44 and 45, and each has a practice direction to accompany it, so have a quick look at those just so you can say which rule allows that rate.



    Costs rule i've found is 46...
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases

    Litigants in person: rule 46.5
    3.4 The amount, which may be allowed to a self represented litigant under rule 45.39(5)(b) and rule 46.5(4)(b), is £19 per hour

    Is this correct?

    I am representing the keeper (tomorrow)...so hopefully it'll all go well.

    Thanks!
  • Loadsofchildren123
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    yes that's the one
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
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    keeper needs to be with you, assume you know that!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • iffy_jiffy
    iffy_jiffy Posts: 108 Forumite
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    yes that's the one

    Thank you for confirming.
This discussion has been closed.
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