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Concise statement of the facts or of the law

Re: Concise statement of the facts or of the law

Postby atticus » Mon Jun 19, 2017 5:27 am

What was your answer?
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Re: Concise statement of the facts or of the law

Postby dls » Mon Jun 19, 2017 9:59 am

Blue, there is guidance on how courts should assist a litigant in making his case. It is only very broad, but in essence a court is not allowed to suggest to a party how he might make a case he hasn't pleaded.

His job is to listen to the arguments and facts laid before him by the parties and to decide between them He is not there to help either side present a case they did not come to court with.
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Re: Concise statement of the facts or of the law

Postby blue » Mon Jun 19, 2017 10:44 am

Maybe the court is not allowed to do it but it can do it nevertheless. If a court notices that a party wants to introduce a new cause of action it can suggest this party to make an oral application or can consider that the request of this party is equivalent to an oral application

The court has to decide what to do with my witness statement which according to it contains a new cause of action. The court has to decide to accept it or to reject it. The court accepted it after it asked to the parties if they wanted it accept it and as a consequence we have debated about its contents. The fact that we have debated about its contents should mean that the court has accepted its contents i.e. this new cause of action
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Re: Concise statement of the facts or of the law

Postby atticus » Mon Jun 19, 2017 11:18 am

The fact that your case has been struck out indicates to me that you have not been given permission to amend your particulars of claim.
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Re: Concise statement of the facts or of the law

Postby blue » Mon Jun 19, 2017 5:11 pm

Another possibility is that the judge has changed his mind.

At the beginning of the second pre-hearing he had already decided to strike out my claim so he did not mind to accept to amend my particulars of claim.
The judge informed me of the law i.e. that according to Practice Direction 23 A paragraph 2.10 I can make an oral application to amend my particulars of claim and it is why he asked to the parties if they wanted he accepts my witness statement with the new cause of action. And at the end of the pre-hearing during his judgement he has simply changed his mind and has not accepted anymore to amend my particulars of claim because since the beginning of this second pre-hearing he wanted to strike out my claim.

I think that the judge has been hypocritical with me by accepted to amend my particulars of claim and then changing his mind at the end of the second pre-hearing. This is what power is all about and I do not know if I can use the appeal procedure to fix this?
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Re: Concise statement of the facts or of the law

Postby atticus » Mon Jun 19, 2017 5:17 pm

atticus wrote:Blue, please understand that we only have your reports to go on. We have not seen the statements of case. Nor do we have a reliable report of the judge's ruling.

If you want to appeal, that is a matter for you...
no one here is able to say what your chances are of succeeding in an appeal
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Re: Concise statement of the facts or of the law

Postby blue » Mon Jun 19, 2017 6:02 pm

What I would like to know is how to put forward my appeal to increase the chances of my appeal succeeding even if they are slim
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Re: Concise statement of the facts or of the law

Postby dls » Mon Jun 19, 2017 8:11 pm

AFter all this discussion it remains quite unclear that you have a claim, or that if you have it is worth a tenth of the costs you have already spent.

Your descriptions remain at best confused.
It may be that at the outset you had good cause for anger. That does not mean you have a claim.
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Re: Concise statement of the facts or of the law

Postby Labrador » Mon Jun 19, 2017 8:47 pm

Seems you are well out of your depth.
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Re: Concise statement of the facts or of the law

Postby Voldemort » Tue Jun 20, 2017 12:09 pm

blue wrote:What I would like to know is how to put forward my appeal to increase the chances of my appeal succeeding even if they are slim

Are you by any chance related to one of our esteemed members, South1?
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