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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10596
Experience:  Barrister 17 years experience
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I won a civil lit case regarding a dubious small claim track

Customer Question

I won a civil lit case regarding a dubious small claim track case but the claimant has applied to relist the case on the basis the solicitor had failed to send an advocate. This is a small claim. Their skeleton argument for the court brushes over the issue and instead goes into detail about the case albeit presenting a very different story to the earlier witness statement. If this is a relisting hearing should my rebuttal only address the relisting. I suspect they are trying to get my answers ahead of a potential hearing.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
My rebuttal has to be in 24 hours before the hearing which is Friday so I have to get it done tonight.
Expert:  Buachaill replied 1 year ago.

1. Dear *****, your rebuttal should be directed towards the issue of relisting the case or not. In essence, it should be based upon the fact that an advocate is not usual nor necessary in a Small claim case. You should set out that the claimant had recourse to all the procedures and the court found in your favour. You should just conclude by stating that the claimant's case is of no merit, was rejected and is now formulated on a very different basis to their witness statement. However, you should keep the emphasis upon the lack of any good reason to relist and avoid getting dug into the merits of the case. This in essence is that the claimant seeks - to open the merits. something you should avoid.

Expert:  Buachaill replied 1 year ago.

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Customer: replied 1 year ago.
Thank you, ***** ***** was dismissed.
Expert:  Buachaill replied 1 year ago.

3. Glad to hear you had a successful outcome.