Difference between revisions of "Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary"
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+ | == DRAFT ORDER FOR DIRECTIONS EXAMPLE == | ||
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+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
+ | <center>In the XXXXXX County Court | ||
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+ | Claim number XXXXXX | ||
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+ | Between | ||
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+ | XXXXXXXX - Claimant | ||
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+ | and | ||
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+ | XXXXX - Defendant | ||
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+ | Draft Order for Directions</center> | ||
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+ | The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: | ||
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+ | a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; | ||
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+ | b) Copies of any statement or other document relied upon as showing that each and every charge has been made; | ||
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+ | c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; | ||
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+ | d) Copies of decided cases and other legal materials to be relied upon. | ||
+ | If the Claimant fails to comply with this order, the claim will be struck out without further order. | ||
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+ | 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; | ||
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+ | a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; | ||
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+ | b) Whether such charge is accepted to be a penalty, and if not why not; | ||
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+ | c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; | ||
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+ | d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. | ||
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+ | f) Any witness statements. | ||
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+ | g) Copies of decided cases and other legal materials to be relied upon. | ||
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+ | If the Defendant fails to comply with this order, the Defence will be struck out without further order. </div></blockquote> | ||
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[[Court Bundle: Non-Compliance Letter]] | [[Court Bundle: Non-Compliance Letter]] | ||
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+ | [[Directions: Non-Compliance]] | ||
[[Category:Bank_Charges]] | [[Category:Bank_Charges]] | ||
[[Category:Legal_Information]] | [[Category:Legal_Information]] |
Revision as of 15:48, 14 July 2007
Contents
Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary
THESE ARE NOT TEMPLATES
They are to give you a starting point from which to work from, should you be asked to submit any of these to the court. YOU WILL NOT NEED TO SUBMIT ALL OF THESE TO COURT. If you are having difficulties preparing for court please type out your court order IN FULL (exclude your name/court etc) on your thread.
CASE SUMMARY
(The case summary should include a chronological list of events (ie letters sent & received etc, date of claim, amendments etc - excluding without prejudice)
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DISCLOSURE BY LIST
It is recommended to do this in a spreadsheet to enable sorting and layout
Basically a list of everything you intend to include in your bundles.
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WITNESS STATEMENT
Rules for witness statements can be found at This Practice Direction supplements CPR Part 32
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DRAFT ORDER FOR DIRECTIONS EXAMPLE
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