Horizon Claim

[b789]

The defence was submitted through MCOL, so whatever date that was, is the one you need. As for the exhibits, yes, use your own initials.

The costs schedule is good except you may want to try and breakdown the hours into which part of the exercise you were doing what, such as “responding to claim”, “drafting correspondence with claimant solicitor to change date of hearing” etc. Etc.

[mouse]

Morning @b789 

 its now all ready for submission, its 149 pages long and I have compressed it so hopefully no issues with it being submitted.  

Still not had a reply from the court yet so do I hang on a little while to see if I get any response or just submit the witness statement?

[b789]

As long as you get the WS submitted by the deadline, no problem. Remember to CC Gladstones with it when you do submit it.

[mouse]

Hi @b789  received Gladstones trial bundle via email...

Other than my statements is there anything else I should be preparing for next week for the Judge? Even though they have had everything sent to them via post do I still need to print more copies to take with me?

[b789]

@mouse, at this stage I would concentrate on being organised for the hearing rather than producing yet more substantive documents.

Take a complete paper copy of bundle with you, even though everything has already been filed and served. The Judge may have the documents electronically, but you do not want to be sitting there unable to put your finger on a particular page when discussing it. I would also take a spare paper copy of the key documents you are most likely to rely upon, just in case something is missing from the court file.

Also prepare a short costs schedule and take copies with you. That should include:

• the reserved £123 N244 fee;
  
• your allowable hearing expenses/loss of earnings; and
  
• any additional costs you intend to seek under CPR 27.14(2)(g) because of the Claimant's unreasonable conduct.
  

It would also help to have a one- or two-page hearing note for yourself listing the main points in the order you want to raise:

1. no PoFA liability;
   
2. no proof of driver identity;
   
3. the material change/signage failure;
   
4. no landowner contract despite the Judge's direction;
   
5. inconsistent and inflated quantum;
   
6. defective interest;
   
7. late witness evidence; and
   
8. the reserved N244 costs.
   

That is for your own use so you do not get dragged off course

You do not need to re-send everything merely because Gladstones have now sent their trial bundle. If their CPR 27.9 notice remains their position, they are saying they will not attend anyway, so the hearing is likely to be you and the Judge working through the evidence already filed.

[mouse]

Thank you, I have already started putting key points down and highlighting the points in their witness statement that are just copy and paste, and not factually correct or relevant. 

Im hoping the Judge will see the points and just throw it out without wasting any more time, like it should have been yonks ago.

Thanks for all your input so far.