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UK Civil Litigation: Interim Hearings

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In the last vlog I promised to look more deeply into interim hearings, and the importance of being able to distinguish what the real issues are, as many litigants in person seem to routinely focus on the wrong issues. Althernatively they assume that such hearings are just an opportunity to soap-box about the strengths of their case. Not so.
Very few cases go all the way to trial and the real battleground is here, while proceedings are being managed and prepared for a trial that will probably never happen. These are golden opportunities for gaining an advantage and achieving a settlment in your favour.
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Опубликовано:

14 авг 2024

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Комментарии : 16

@lins3082 8 месяцев назад

Thank you for the PART 18 . Advice . . Universe brought your channel to my attention. . .. God bless .

@amalali8712 7 месяцев назад

I saw the impact of not having a hearing transcript & it was brutal! I observed some hearings in the County Court at the Royal Courts of Justice and this one was a hearing of an appeal against a judgment between a lady and a property management company. The Judge told the lady who was accompanied by a Mackenzie Friend that as he did not have a copy of the transcript or judgment that he could not rule on her appeal and awarded the Barrister for the opposition costs of approx £2,500. I don't know if she's fallen short of other things for the hearing but it was hard to watch her shock and upset. As a claimant and LIP in my own case, I do visit the Court to observe the proceedings that are appropriate to my stage in the process (others if there's time) to demystify some of it & hopefully be more comfortable in a relatively intimidating setting. Its been helpful in managing anxiety related to the unknown and would highly recommend doing so. I've also engaged with Court Wingman and Daria around November 2022 at the start of the process and she was incredibly helpful too. Thank you.

@RedwoodLegal 6 месяцев назад

Do feel free to leave a review on trust pilot! It is quite easy to do and so important these days. Yes, that is a good idea, getting a fealfor the rarifeid atmosphere of the courts. It is so important to take a note at hearings of what the judge says and of course it is often very difficult because of the technical language and the pressure. Hence tranascripts can ne really important to ask for immediately after a hearing, especially as orders can take a while to get sent out.

@tlangdon12 8 месяцев назад

Being ready to negotiate, i.e. knowning the how far you can stretch your own finances (and other resources) in order to reach a settlement, seems to be important at any hearing; preliminary, interim, or final.

@RedwoodLegal 6 месяцев назад

Yes, quite! So true.

@lins3082 8 месяцев назад

My bank would not disclose how many times they securitised my mortgage. ..and whether there has been default insurance in place or not.. I guess it would be fraud if the bank had claimed on the insurance following a default by the "lender" and still claimed against "home owner " . Q. How to force the bank to open up their books and double book keeping.. ???

@RedwoodLegal 6 месяцев назад

Yes, the banks ... what to say. Sadly, one has to bring proceedings, often simply in order to get it onto a lawyer's desk, to get them to take it serously. But then that is expensive. One can apply for pre-action disclosure, but there is a real risk the court will accuse you of being on a fishing expedition and you end up with a costs order against you. It is one thing being in the right, quite another enforcing rights.

@lins3082 6 месяцев назад

@@RedwoodLegal I have a DSAR under DPA2018 . My akkount was in the Redeemed Akkounts .. with a invalid Deed . Yet everyone and kourt /budge pretend the 8ank is still good

@tlangdon12 8 месяцев назад

Do the CPR require claimants to breakdown their legal costs into "Legal Advice" (i.e. advice on what the relavant law is and the elements of how your case interacts with the law) and "Case Management Advice" (i.e. how to run your case, how to complete forms correctly, tactical advice, etc.) or can this all be regarded as "Legal Advice"? I wonder why the judge didn't allow "wingman" costs as Case Management Advice seems to be legal advice if it comes from a lawyer who has charged for it.

@RedwoodLegal 6 месяцев назад

You can see how it is done if you buy the book, Flying Solo as there is a costs schedule there. If it goes to detailed assessment it is a much more complicated document, running to many pages, and broken down into great detail. Its all bundled into one, to answer your question, there is not that division. THe division is usually into each phase of the litigation in terms of the chronological timeline. (Google a Precedent H for mutli-track cases.) This was an isolated example, I believe, and judges just sometimes feel they want to knock down your costs and are looking for ways to do so. We have had courtwingman costs awarded elsewhere.

@knowthelaw-uk2209 8 месяцев назад

Thanks, very useful video. With the book, do we receive updates as the CPR get updated? Has the book been updated for the fixed recoverable costs regime?

@RedwoodLegal 6 месяцев назад

No, the book is not updated yet - this video is the supplement. For litigants in person the new rules are not so significant, as they are all about restricting lawyers costs, ad LIPs will not have them. People who buy the books get email and video updates, yes, but you need to register by email to hello@courtwingman.com

@tlangdon12 8 месяцев назад

I assume a judge would test whether it was really necessary for you to have three witnesses if you wanted the case allocated to a track where this was allowed, so you would need to be ready to (very briefly) explain why two or one witnesses won't do.

@RedwoodLegal 6 месяцев назад

Yes, he would. But often when you really look at the, you realise that there is not much that these extra witnesses add. Take a statement from them and then decide whether you want to use it. Sometimes the court will just allow it to be read.

@aabc84 8 месяцев назад

So if you win by a default judgment that means it ain’t been allocated to a track small/fast and that if you try to fight against their application to set aside the judgment and lose then you will have to pay their legal fees ?

@RedwoodLegal 6 месяцев назад

That can happen, yes. And does. And you may have to pay their fees if you haev unreasonably resisted the application - say, for a relatively minor breach of the rules. That is the big take-away, that these applications will usually succeed. The point is to try and get them to agree to pay your costs of the waste of time, and agree by consent to let them set aside if they pay some of your costs, occasioned by their failure.