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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Lawyer please: Jim, I hope you are well. As you may recall

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For Jim lawyer please:Hello Jim, I hope you are well. As you may recall from our previous conversation, I am bringing a fast-track county court claim against a builder. I am preparing to make an application against the defendant because he failed to comply properly with orders made by the court about six months ago for (1) standard disclosure and (2) to reply to certain of my CPR Part 18 questions. The disclosure which he provided was practically inexistent and his responses to my CPR Part 18 questions were incomplete and contradicted by other things which he has said. I am now planning to make an application to Court in respect of these matters.I have written a witness statement and I was wondering if you could kindly have a quick look at it and tell me if you have any comments on. It. The witness statement (together with exhibits) will be the evidence I rely on in support of the application I'm making in the Form N244. Is it OK if I send you an anonymized version of my witness statement for you to tell me if you have any comments on it or if it seems okay?Many thanks
Customer: replied 10 days ago.
I have attached my witness statement in support of the application. Thanks

Hello, this is Jim and welcome back to JustAnswer.
The statement reads well and contains everything you need in my view - it needs to be in numbered paragraphs and there are typos at the top which need to be addressed. I would also change the title to "Witness Statement of the Claimant in support of application dated (date)".
You may want to add in a draft order too - e.g.

1. unless the defendant complies with the Part 18 request by 4 pm on (14 days), the defence is struck out.

2. The Defendant do pay the claimant's application costs of £..... by 4 pm on (14 days).

If you see the attached - it has a draft order which you can use though the wording should be as I have set out earlier.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 9 days ago.
Hello Jim, thanks for your message, this is very helpful. I have a few follow-up questions, if that's okay.
1 Exhibits
You will have seen I cross refer to various exhibits as proof of the matters I'm referring to. These are things like the Defendants' witness statements, their defence, their CPR part 18 replies and correspondence between the parties. I have highlighted the relevant sections in those exhibits and will be attaching them to my application.
In total those documents run to about 35 pages but they should be quite easy for the judge to refer to since I have highlighted the relevant section on each page. Is this acceptable or do you think a judge would be annoyed at the fact that I'm attaching these documents as evidence of the things I'm saying? As I say, I have highlighted the relevant sections from each page and I believe all of the exhibits are relevant. However please say if you think including that evidence is likely to be viewed as excessive.
2 Draft order
You kindly pointed out that I need to include the draft order which I'm asking the court to make. Should I include that draft order as a schedule to my witness statement?
Many thanks
Thanks, ***** *****’t think the fact there are 35 documents would be an issue but ideally for an application of this nature you only need to show the other party has breached Part 18 so if you can do it with less evidence then that’s preferable. Yes, a draft order should be attached to the witness statement as it helps the judge. Many thanks
Customer: replied 9 days ago.
Okay that's very helpful, thanks. There are two separate things which the defendants have breached, those are the Part 18 Order and the disclosure order, that is partly why my witness statement is quite long and there are quite a few exhibits. I trust it's ok for me to combine both of these unless orders into a single application. Is it fine for me to do so? Many thanks
that’s no problem and indeed the court would prefer it that way - the overriding objective is that the court needs to deal with claims efficiently and at minimum cost so one application is absolutely fine.
Customer: replied 9 days ago.
Thanks Jim, have a great evening. That's my most helpful as always. I have another question which I'll post on a new thread for you tomorrow. Many thanks!
My pleasure, thanks and speak soon
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