Disposal Hearing - Trial Bundle Advice please
Discussion
Hello legal PH - I’m a bit stuck.
Very (very) long story short:
A friend’s business operates vehicles and one has been in a crash. Passenger in said car was injured and has sued. Friend misunderstood the papers and never filed a defence. I tried and failed to have judgment set aside today, so all that’s left is the disposal hearing.
My friend has been told to ‘submit any evidence in the correct format’ before the disposal hearing.
I have, from the other side, the pre-trial bundle. Having read and poorly understood the CPR am I right in thinking he should suggest edits to this? In what format? One of the bones of contention is the witness statement by the Claimant. Do we edit her statement - surely not? We just add his version of events? Any pointers greatly appreciated! Put simply my mate has done his best to be fair throughout this and he doesn’t deserve to lose his shirt on this and I don’t want to let him down!
Very (very) long story short:
A friend’s business operates vehicles and one has been in a crash. Passenger in said car was injured and has sued. Friend misunderstood the papers and never filed a defence. I tried and failed to have judgment set aside today, so all that’s left is the disposal hearing.
My friend has been told to ‘submit any evidence in the correct format’ before the disposal hearing.
I have, from the other side, the pre-trial bundle. Having read and poorly understood the CPR am I right in thinking he should suggest edits to this? In what format? One of the bones of contention is the witness statement by the Claimant. Do we edit her statement - surely not? We just add his version of events? Any pointers greatly appreciated! Put simply my mate has done his best to be fair throughout this and he doesn’t deserve to lose his shirt on this and I don’t want to let him down!
Sounds like damage limitation, or, more likely, hoping for the best now. As most opportunities for the former may well have sailed...
Presumably your friend had insurance but they were not notified or failed to indemnify for some other reason?
You may find this part of the CPR helpful: https://www.justice.gov.uk/courts/procedure-rules/...
But your friend really needs to rely on someone who knows what s/he is doing, and I mean that in the nicest sense
You have presumably seen a previous Order giving directions for things like witness statement deadlines? That all will have passed. Your friend cannot edit the claimant’s statement. The correct thing would have been to do a statement and file and serve it in accordance with the relevant deadline, which will have been the same one the claimant had to meet (so evidence was exchanged mutually to keep the parties on an equal footing). To rely on one out of time, an application would need to be made to seek permission. That may not be straightforward, especially this late in the day.
Your friend may be best off trying to find a direct access barrister who will do it for a fixed fee and will be well versed with the CPR and may be able to give proper, insured legal advice in advance in terms of what may be possible and what is unlikely to be achievable.
Out of interest, what’s the pleaded statement of value?
Presumably your friend had insurance but they were not notified or failed to indemnify for some other reason?
You may find this part of the CPR helpful: https://www.justice.gov.uk/courts/procedure-rules/...
But your friend really needs to rely on someone who knows what s/he is doing, and I mean that in the nicest sense
You have presumably seen a previous Order giving directions for things like witness statement deadlines? That all will have passed. Your friend cannot edit the claimant’s statement. The correct thing would have been to do a statement and file and serve it in accordance with the relevant deadline, which will have been the same one the claimant had to meet (so evidence was exchanged mutually to keep the parties on an equal footing). To rely on one out of time, an application would need to be made to seek permission. That may not be straightforward, especially this late in the day.
Your friend may be best off trying to find a direct access barrister who will do it for a fixed fee and will be well versed with the CPR and may be able to give proper, insured legal advice in advance in terms of what may be possible and what is unlikely to be achievable.
Out of interest, what’s the pleaded statement of value?
Cudd Wudd said:
Presumably your friend had insurance but they were not notified or failed to indemnify for some other reason?
This is the missing info in the first post which puzzles me. He doesn't need to 'understand' a third party claim, nor should he need to file a defence.That's what he pays an insurer for (and also why the law requires it in respect of motor vehicles used on public roads).
Ah, sorry, should have said - it’s part of the long story! No insurance as this all happened away from the road on private property, and thanks to Covid (and yet another long story), he has no money.
He has been granted an extension to file his own witness statement at yesterday’s hearing to set judgment aside.
And yes, understood, somebody who knows what they’re doing would be far preferable to me, but money is an issue. Total value of the claim is around £3-£4k. I’m doing my best to help out, but I have never litigated in my life, as you can tell!
He has been granted an extension to file his own witness statement at yesterday’s hearing to set judgment aside.
And yes, understood, somebody who knows what they’re doing would be far preferable to me, but money is an issue. Total value of the claim is around £3-£4k. I’m doing my best to help out, but I have never litigated in my life, as you can tell!
Oh and thanks Cudd Wudd - that’s the CPR section I sent over to my mate last night. The other side’s solicitors have prepared the bundle with all their info, so I think I’m right in saying that (now we have an extension) he just adds his witness statement into the bundle and sends it back and that’s then submitted to the Court by them. Would that sound about right?
My pleasure. I’m guessing from your username and the correct use of ‘judgment’ you are involved in the profession in some capacity
Having the extension is helpful, as the statement can go in. Seems unlikely your friend could get anything else in unless he has disclosed them during the course of the claim. I’m talking about documents relevant to the issues rather than correspondence.
Then if there is anything the claimant has put in the bundle that isn’t relevant to the issues, you could try and get that removed.
I assume your friend is disputing liability?
Having the extension is helpful, as the statement can go in. Seems unlikely your friend could get anything else in unless he has disclosed them during the course of the claim. I’m talking about documents relevant to the issues rather than correspondence.
Then if there is anything the claimant has put in the bundle that isn’t relevant to the issues, you could try and get that removed.
I assume your friend is disputing liability?
Cudd Wudd said:
My pleasure. I’m guessing from your username and the correct use of ‘judgment’ you are involved in the profession in some capacity
Having the extension is helpful, as the statement can go in. Seems unlikely your friend could get anything else in unless he has disclosed them during the course of the claim. I’m talking about documents relevant to the issues rather than correspondence.
Then if there is anything the claimant has put in the bundle that isn’t relevant to the issues, you could try and get that removed.
I assume your friend is disputing liability?
Yes - I'm a notary, so did the degree way back when, and once upon-a-time acted as Mackenzie friend for a lap dancer I once knew, but that's my experience in court in its entirety (we won though, and she was ever so grateful...).Having the extension is helpful, as the statement can go in. Seems unlikely your friend could get anything else in unless he has disclosed them during the course of the claim. I’m talking about documents relevant to the issues rather than correspondence.
Then if there is anything the claimant has put in the bundle that isn’t relevant to the issues, you could try and get that removed.
I assume your friend is disputing liability?
We've lost the case basically and I tried to get him to get judgment set aside, but he failed in that attempt, so it's off to the disposal hearing. The Judge said that he'd consider his evidence notwithstanding the missed deadlines, though, so I want to get his witness statement in, but I want to please the Court as much as possible but doing it correctly hence my question as to format more than legalities (the Judge said that we wouldn't have succeeded arguing that she accepted the entire liability by her actions anyway). I'm just hoping to limit the damage now, really, but showing how he acted responsibly and she accepted at least some of the risk.
So, if I'm right I take the bundle I've been sent by the Claimant's ambulance-chasers (aka solicitors) and then edit the index and stick my mate's witness statement in too.
There's nothing extraneous to remove really - though his witness statement will conflict with the Claimant's on one or two points of fact (for example the speed of the crash).
Then, once I've done that, I send it back to the Claimant's lawyers - also the Court?
Thanks again for the advice - as you can see, I'm a little lost...
Interesting past experience...engaged on a ‘no win, no feel’ I assume? 
Ah yes, sorry, I should have re-read the opening post before responding today.
So she got judgment in default, in which case it is quantum only. A disposal hearing can have that dealt with or further directions can be given. Has she obtained and served medico-legal evidence?
As liability has been dealt with (in default), it’s not clear what your friend can do to dispute the level of injury if she has supportive medical evidence. Hard to comment without knowing the whole history and what has gone on before, but the speed of the collision etc will be matters of relevance to liability, so that ship has sailed, no?
And it will be for the claimant to file the bundle so respond to her representatives and try and agree it if all looks reasonable. But yes, ask for your friend’s statement to go in - though that should be limited to the issues that still need to be resolved by the Court.
HTH.
Ah yes, sorry, I should have re-read the opening post before responding today.
So she got judgment in default, in which case it is quantum only. A disposal hearing can have that dealt with or further directions can be given. Has she obtained and served medico-legal evidence?
As liability has been dealt with (in default), it’s not clear what your friend can do to dispute the level of injury if she has supportive medical evidence. Hard to comment without knowing the whole history and what has gone on before, but the speed of the collision etc will be matters of relevance to liability, so that ship has sailed, no?
And it will be for the claimant to file the bundle so respond to her representatives and try and agree it if all looks reasonable. But yes, ask for your friend’s statement to go in - though that should be limited to the issues that still need to be resolved by the Court.
HTH.
Hahaha - no win no feel. I'm keeping that one for the pub (as I like this story very much, and there's a graphic version for when the wife isn't there).
Take your point re: liability and I'm only managing to piece this together from reported speech which is never ideal.
She has served all the medical papers so all that I can see that's absent is my friend's statement, in which he'll try and address some of the issues. The Judge apparently said he'd consider this evidence when making an award. That's all I know for now - I'm just hopeful that he'll take pity and see that at least some thought went into the Claimant's safety.
The whole story is long and complex and I've omitted details deliberately as it'd be easy to identify the case for anybody doing a Google search around it - thanks again for the advice.
Take your point re: liability and I'm only managing to piece this together from reported speech which is never ideal.
She has served all the medical papers so all that I can see that's absent is my friend's statement, in which he'll try and address some of the issues. The Judge apparently said he'd consider this evidence when making an award. That's all I know for now - I'm just hopeful that he'll take pity and see that at least some thought went into the Claimant's safety.
The whole story is long and complex and I've omitted details deliberately as it'd be easy to identify the case for anybody doing a Google search around it - thanks again for the advice.
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