Fast Track Trial – Claimant's Witness not attending.

[Lost Cause]

Well, I'm not really sure whether this is going to help the Defendant or not.

 

Trial adjourned by DJ due to claimant's witness not being available for cross examination which the defendant wished to do.

 

DJ (reluctantly the Defendant felt) agreed with the Defendant that not allowing them to do so would put them at a disadvantage and prejudice the defence. DJ said in the interest of dealing with the case justly the court order an adjournment.

 

At this point Defendant said they may as well have left as DJ only spoke to claimant's Counsel.

 

The DJ then went on to tell Counsel what the claimant should have done if their witness did not intended appearing and mentioning specific parts of CPR (surely these people know this already).

 

Unable to go into the specific detail but having been told what the DJ said to Counsel both Defendant and myself feel the DJ was allowing the claimant a second chance to get it right before the trial.

 

No date was set for trial as DJ suggested Counsel would possibly need to advise their client further. Both parties to inform court of any dates they would be unable to attend (Defendant says they'll find out when this DJ is on holiday and ensure only dates they are available are the same dates).

 

Now if Defendant had messed up this much would they have been given a second chance to get it right – I DON”T THINK SO!

[letitbeme]

Subing - Interesting and simular to my situation

[Lost Cause]

Subing - Interesting and simular to my situation

 

Hi LetItBeMe

 

Not sure how much more I can post, will have to see what claimant's next step is. DJ seemed to give them plenty leeway. Have you got a thread on your case, if so I'll read through it.

[darknight]

Is there any update on this claim ?

 

I am in a similar situation and would be interested in what the outcome was.

 

Without mentioning the bank in question, I think it might be the same bank as myself, as they have no original CCA and on copy of the DN.

 

Thanks,

DK

[summerbreeze]

Subbing also