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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The Claimant has brought a claim against myself personally

Customer Question

The Claimant has brought a claim against myself personally and two limited companies that I am a director of. Since the start of the claim, I have responded on behalf of myself and the two limited companies. Any documents that have required serving have been served at my home address and the registered addresses of the limited company.
The claimant requested an extension to the deadline for serving witness statements which I accepted. I also advised the claimant that I will require an extension as I had arranged my holiday time around the deadlines set by the Court. On the day of the deadline, the claimant sent the documents to my personal address and included witness statements in relation to the limited companies, but failed to serve the same to the registered address of the companies. I did not receive any of the documents until I returned home seven days after the royal mail attempted delivery. I informed the Claimant's solicitor that I would not be home to receive the documents, to which they state they attempted to send the documents by email. I have still not received this/these emails.
Am I correct in saying that the witness statements for the limited companies have not been properly served and should therefore not be admissible at the hearing? If so, what procedures would I take to inform the court that said witness statements have not been properly served?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What is the nature of the claim?
Customer: replied 1 year ago.
Hi JennyI am an ex-franchisee of the claimant. They claim I retained customer data in breach of a post-termination and that I retained a copy of their computer system and used it in the two limited companies. They are claiming damages pertaining to the use of the customer data, and damages relating to the development cost of the software.
Customer: replied 1 year ago.
*post-termination clause
Expert:  Jenny replied 1 year ago.
I have to go offline so I am going to opt out for someone else to help you. Please do not respond or it will come back to me and no one else will be able to pick it up. All the best.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What track has this been allocated to please?Alex
Customer: replied 1 year ago.
Hi AlexIt's a high court claim. I do not know the track.Howard
Expert:  Ash replied 1 year ago.
Whats the value of the claim?
Customer: replied 1 year ago.
Over £250,000
Expert:  Ash replied 1 year ago.
The Court set down directions, ie when to exchange statements etc?Have they ever served things by email before? Did you agree to service by email?
Customer: replied 1 year ago.
Any documents such as statements, particulars of claim etc have been properly served at both my personal address and the reg addresses of the limited companies. I have never agreed to service by email.
Customer: replied 1 year ago.
They have always sent copies by email, but I have not agreed to service by email
Expert:  Ash replied 1 year ago.
Ok - technically they should apply for relief from sanctions under CPR 3.9However the case law says that if you oppose it unreasonably they can seek indemnity costs against you.After all, what loss have you suffered - none. You know what the statements contain and can still provide a response. If you are representing the company there is no issue.But they WILL need to make an application for permission for them to be used.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I'm an LIP. I informed the Claimants solicitor that I had pre-arranged my holiday time around the deadlines. Their deadline was 24th March. Mine is 5th May. They served on the 5th April (within their 14 day agreed extension period). I was away from home until the 12th April.The other director of both companies has been unable to view the witness statements as they were never served at the registered address. I do not have a scanner and the bundle is huge. Our offices (the registered address) are 72 miles from my personal address, door to door and I only work from that office once every few weeks. The other director lives just a few miles from the office. We are losing time as both directors are unable to properly discuss the witness statements as I am the only one with a copy. I have requested a deadline that is two weeks from the 12th for me to serve my witness statement, but I have not yet confirmed service of the documents for the two limited companies. That deadline is just five days after I return from holiday, and a few days before a conference call with the court, which, especially as an LIP, doesn't give me much time to figure out what happens next. They are also refusing to allow the extension, stating that the extension should only be for six working days.Do I request that they make an application for them to be used?
Expert:  Ash replied 1 year ago.
Yes, you need to advise them they need to make an application under CPR 3.9The court will then list the matter for hearing and decide whether to give relief.Does that clarify?Alex
Customer: replied 1 year ago.
So would I need to attend the hearing?
Expert:  Ash replied 1 year ago.
You dont have to if you agree to it. But if you dont or are just curious about what the Judge will say then yes.Can I clarify anything else?Alex
Customer: replied 1 year ago.
ok, so what would be the point in requesting that they do this? Is it just part of procedure and will I benefit in any way?
Expert:  Ash replied 1 year ago.
Yes they need permission as it is out of time. They need to do it. You wont benefit no.You could always object on the day of trial but a Judge may say, well why didnt you alert them to it.....?Does that clarify?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Hi Alex, apologies but I thought you just got paid automatically. I will rate you now.Just one more question... What happens if they refuse? What if they state that they believe they have affected serving of the docs on all defendants?
Expert:  Ash replied 1 year ago.
If they refuse then they MUST get permission of the Court on the day of trial. The Judge may well refuse.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Hi AlexI have a seven day free trial of the full membership. Are you still able to talk about this issue?ThanksHoward
Expert:  Ash replied 1 year ago.
You would need to ask a new question about that Howard.But start: FOR ALEX and I can pick it up!Thanks
Customer: replied 1 year ago.
perfect, thanks Alex - I will be referring to this conversation too
Expert:  Ash replied 1 year ago.
Of course. Thanks