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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My court case is due next Tuesday and I have received

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Hello, my court case is due next Tuesday and I have received the following 2 e-mails from the claimant this evening:1. Simon you and Sean have lost the case, you no chance what so ever of winning. Its over. You cannot win its done. Just a question of when.
So it does not matter.2. After defaming me the way you have, what do you think would happen if you won. Would you actually expect it to be concluded after the manner with which you have spoken to me. Sometimes when you lose you win. Sometimes when you win you actually lose. Court is not my preference, but it is the first port of call.Sean is another defendant with a different case number ***** similar claim form.
I just wondered what your advice would be?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Thanks for asking for me.
I wouldnt reply - there has to be a finding of serious harm. I would just ignore it.
Does that help?
Alex
Customer: replied 1 year ago.
I have ignored the e-mail and plan to, I have my arguments outlined clearly using the 5 items needed in order to prove defamation, in my opinion he doesn't satisfy any, let alone all 5.However, I am slightly peturbed at this blatant threat and attempt at intimidation.The case is on Tuesday, do I need to submit a skeleton argument? If so, is there a template that I need to follow and do I need to serve this on the claimant? Is e-mail a acceptable method or does it need to be through the post?
Expert:  Ash replied 1 year ago.
If you can serve a skeleton that helps. But if the bundle and evidence isnt that big I wouldnt worry.
You can serve a skeleton on the day of hearing it does not need to be before.
http://www.biicl.org/files/2223_skeleton_arguments_guide.pdf
Can I clarify anything else?
Alex
Customer: replied 1 year ago.
Thankyou, if a skeleton is not necessary I will probably outline my case without one.I have numerous other e-mails, one stating that I am going to 'get thrown under a bus', do I make the judge aware of these? If yes, do I need to file them before the hearing or can I take them on the day of the hearing?Based on the futile nature of the case being bought, should I win, am I able to ask Judge Ingram to pass an order refusing appeal?Also, if the claimant shows complete disregard to costs and the general legal process and criminal proceedings be bought against him?
Expert:  Ash replied 1 year ago.
Yes, you can submit these as evidence and you should file and serve them before than.
If you win than any permission to appeal is nothing to do with you. You cant ask for refusing permission to appeal, permission has nothing to do with you.
As for costs no - its civil only I am sorry to say.
Does that clarify?
Alex
Customer: replied 1 year ago.
How do I go about submitting the e-mails before the hearing?Do I have to serve these on the claimant as well?Having seen the 2 e-mails above and the ones below do you think it is relevant?3. If I end up bankrupt at the end of the day, then that is that. Not really my fault. This is not what they tell you, bankrupt is bankrupt.4.
If it was prudent for MTC and school to join everything don't you think they would have done so. I am telling you this so that you do not be fooled and do not be surprised if you both get thrown under the bus. I expect that of me after all I am there opponent, now Sean is attempting to make you theirs as well. It is just the practise that lawyers engage in.He has also sent me an e-mail this morning with 'witness statements' that he claims he should have sent to me before the initial court date in October. I have attached these, regarding the first page is it pertinent to know who, where and when this statement is from?
Expert:  Ash replied 1 year ago.
You need to put these in a statement and exhibit them. You serve it by post on the Court and the other side.
If he is late submitting evidence and past a Court deadline then he needs to apply for relief from sanctions pursuant to CPR 3.9.
If he does not then the Judge can refuse to allow that evidence.
Does that help?
Alex
Customer: replied 1 year ago.
Okay, do you think it is necessary for me to exhibit the e-mails?How do I object to the witness statements? They were also sent to me electronically, is this not suitable?Do you have a outline of a cost structure? Should I claim money for my time spent in court, how do I calculate this and how do I prove this?
Expert:  Ash replied 1 year ago.
Yes you have to exhibit them, you can't just hand them in. If they were sent electronic you can print them off.
You can claim £18 per hour, those are the rules for time spent with the case.
Alex
Customer: replied 1 year ago.
In your professional opinion, should they be exhibited or left out of the argument as they carry no weight?Ok, where can I find an outline of a cost structure or the rules behind it?
Expert:  Ash replied 1 year ago.
Exhibited.
There is no cost structure, the rule is £19 per hour. Costs are summarily assessed at the end of the trial.
Alex
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases
Customer: replied 1 year ago.
Is it £18.00 or £19.00?
Expert:  Ash replied 1 year ago.
£19 sorry, it went up recently.
Alex
Customer: replied 1 year ago.
Ok, how can you calculate these hours?Time spent in the court room or can you allocate a proportionate amount of time spent for preparation?Can I claim the costs of services like yourself back?Is there not a format that the cost structure needs to be formed.Does the cost structure need to be served on both the claimant and the court before the case date?
Expert:  Ash replied 1 year ago.
Dealing with letters, calls, Court papers, attendance at hearings and preparation of evidence etc. So all time spent on the case.
You need to file form N260 24 hours before the hearing. You can claim for legal advice if you can prove it.
Alex
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