02-16-2026, 08:08 PM
Definitely take a costs schedule and don’t forget to ask for your cost if/when successful. Burgess never attends these. The only reason this one progressed to this stage is because it is for more than 2 PCNS.
They will almost certainly send an advocate. The advocate will know nothing about the case. You should try and understand the meaning of VCS v Leyland. An advocate who says they are a “solicitors agent” does not have a right to audience although the judge can use their discretion. If you can show the persuasive argument in Leyland, the judge may also send them packing.
Remember, you are on a very strong dotting here. No contract, no driver identity. The burden of proof is on the claimant. You just say prove who was the driver and prove that an actual contract was formed.
They will almost certainly send an advocate. The advocate will know nothing about the case. You should try and understand the meaning of VCS v Leyland. An advocate who says they are a “solicitors agent” does not have a right to audience although the judge can use their discretion. If you can show the persuasive argument in Leyland, the judge may also send them packing.
Remember, you are on a very strong dotting here. No contract, no driver identity. The burden of proof is on the claimant. You just say prove who was the driver and prove that an actual contract was formed.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
