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Civil Litigation - Precedent H: What on earth is it?!
To receive more guidance videos, buy the book and schedule a solicitor consultation, go to www.courtwingman.com. Alternatively, email us at hello@courtwingman.com or call 020 7193 5572.
Precedent H is another technical term for what is a budget, or forecast, of the costs in a case. It is only used for multi-track cases. It becomes relevant once you receive directions questionnaires. In this case, it will be the multi-track directions questionnaire, N181 and you will see box H near the bottom. The CPR Rule that governs these budgets is CPR 3.13.
Now, in fact, litigants in person do not have to fill in these budgets, so why talk about them? Well, the reason is that you may be facing an opponent who is represented and at the Case and Costs Management Conference, that always follows a multi-track directions questionnaire, you will have the opportunity to challenge their budget, and argue that it is too high.
Also, and this happened in a case we are helping a litigant in person with, it sometimes happens that solicitors either forget to fill in these time-consuming and cumbersome documents, or do so late. The law is very draconian on failure to file and serve a Precedent H in time (unlike in the case of other breaches of court orders) and can even strike-out a person's entire legal costs if they file late!
A CCMC is a golden opportunity and so it is worth considering taking limited legal advice on this technical area.
Time Code
0:00 - Intro
4:30 - Challenge Legal Costs as being too high
10:30 - Strike Out Precedent H for late filing
15:30 - The Denton Test
24:00 - Putting Pressure on Your Opponent
LINKS:
assets.publishing.service.gov.uk/media/652018b32548ca000dddeec1/N181_1023.pdf
www.justice.gov.uk/courts/procedure-rules/civil/rules/part03
www.gov.uk/government/publications/form-precedent-h-and-r-costs-budget-precedent-h-and-budget-discussion-report-precedent-r
www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/practice-direction-3e-costs-management
www.bailii.org/ew/cases/EWCA/Civ/2014/906.html
zhlédnutí: 259

Video

UK Civil Litigation: Recovering and Protecting Costs
zhlédnutí 1,1KPřed 5 měsíci
To receive more guidance videos, buy the book and schedule a solicitor consultation, go to www.courtwingman.com. Alternatively, email us at hello@courtwingman.com or call 020 7193 5572. Unlike other areas of law (such as the family courts) in civil litgation, costs are a major factor. We have had many clients come to us after getting an order from an interim hearing ordering that they pay those...
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zhlédnutí 291Před 6 měsíci
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zhlédnutí 672Před 6 měsíci
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zhlédnutí 737Před 7 měsíci
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zhlédnutí 581Před 7 měsíci
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zhlédnutí 1KPřed 8 měsíci
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zhlédnutí 2,2KPřed rokem
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zhlédnutí 3KPřed 2 lety
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Johnny Depp v Amber Heard Trial - How did Depp Win? Episode 3
zhlédnutí 219Před 2 lety
I investigate the defamation trial of Johnny Depp v Amber Heard, one of the most fascinating celebrity cases of the last 50 years. In this final episode I look at the evidence and the way in which Amber Heard's lawyers focused on the questionable evidence, relying primarily on their own client's testimony in closing arguments, whereas Johnny Depp's lawyers seemed to have a better understanding ...
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zhlédnutí 198Před 2 lety
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zhlédnutí 534Před 2 lety
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Komentáře

  • @alim4180
    @alim4180 Před 3 dny

    What if the defendants file a N244 to strike out

  • @naveedshaikh8408
    @naveedshaikh8408 Před 14 dny

    Very helpful! thank you

  • @JpplMedia
    @JpplMedia Před 16 dny

    16:23

  • @mohamedbellahcene2861
    @mohamedbellahcene2861 Před 21 dnem

    Great advice simply put, thanks

  • @mreese8764
    @mreese8764 Před 22 dny

    How complete should the documentation be? There is relevant and irrelevant communication. Some just refers to entirely unrelated topics like the actual business that was being conducted. There could be huge attachments with hundreds of pages, or videos, skype messages, slack messages, phone calls, etc. One can never document everything and/or share it.

  • @user-li1fb7hy8q
    @user-li1fb7hy8q Před 26 dny

    You are just full of shit ….gather your thoughts before blabbing…choose better venue…..

  • @aabc84
    @aabc84 Před měsícem

    What happens if the witness statement is signed but not dated

  • @user-vy2me6zp5f
    @user-vy2me6zp5f Před měsícem

    Dear Sir, I have property dispute where it was agreed that my late parents property was transferred in a siblings name to hold in trust until such time our parents were deceased. Thereafter to sell and distribute shares etc. The sibling has failed to cooperate as she has deceived parties with intentions they had and reliance. How can I obtain a court declaration of beneficial interest in UK and which court would this be filed and under what jurisdiction? What is the legal standing of the registered owner..e.g a representative/administrator / etc.

  • @ProDemocracy01
    @ProDemocracy01 Před měsícem

    🎉

  • @SamanthaMoore-mk3oz
    @SamanthaMoore-mk3oz Před měsícem

    You talk to long to get to the point! To much waffle!

  • @niaabrishami8308
    @niaabrishami8308 Před měsícem

    Very useful information. Thank you

  • @punchdrunkpizzagategay
    @punchdrunkpizzagategay Před měsícem

    11:08 did you say "colored" and "it's a black man" that right there is a clumsy stupid remark. Nobody says that

  • @helenw495
    @helenw495 Před měsícem

    Hi. Thanks for your invaluable advice. I deal with the IP court on a regular basis, because copyright theft has become rife. I concur with your view of the court, which I find to be entirely dysfunctional. It allows itself to make all manor of errors, including grammar and spelling mistakes, yet the litigant in person is held to account throughout the court process. I have even turned up at court, only for the judge to say that there was an adjournment, which we had not been informed about. So, if the judges know about these failings, why don't they speak out in order to make the changes?

  • @silvijuly3754
    @silvijuly3754 Před 2 měsíci

    I am going through exactly the same thing right now, i could hire you without thinking twice about it.

  • @customerserviceservant
    @customerserviceservant Před 2 měsíci

    Hello thanks for these videos! Really unhappy with the customer service provided Hastings my car insurer, due to their incredibly poor service they had me spend hours writing complaint emails and make telephone calls. Ive been misdvised numerous times, I've complained 4 times and they only replied to one complaint. I raised this with FOS and bizarrely they admitted both that Hastings should have communicated better but simultaneously that they believed Hastings didn't have to do anything further to rectify their shoddy service (despite never at any point addressing three of my complaints). Ive already plundered so much time and energy into trying to get them to address their service but FOS have given them the green light apparently. I really dont want to let them off the hook, so im wondering, please can you advise if there's any chance of having a claim uphold for distress, inconvenience and time loss in small claims court? im only looking to claim £300 to cover the time wasted, let alone the stress and anxiety they have caused. Many thanks in advance

  • @darrencollings
    @darrencollings Před 2 měsíci

    Is there a different form for higher value claims potentially over £50,000

  • @darrencollings
    @darrencollings Před 2 měsíci

    Learned more From this chap in 3 videos than I have in 3 years with everyone else I see dropping information bombs All over the place

  • @darrencollings
    @darrencollings Před 2 měsíci

    Unfair relationship thank you !!!!!

  • @silviyapetrova7953
    @silviyapetrova7953 Před 2 měsíci

    🙂🙂🙂 well done Alex 🙌👌🏼👏🏻👏🏻👏🏻

  • @RoseMuffin24
    @RoseMuffin24 Před 2 měsíci

    I really enjoy watching your videos- always learn something interesting. Currently have a person who appears to be harassing me (a lady who appears to believe that, for some reason, I should not be allowed to use a fitness facility / a place accessible to the general public). The facility is inside one of the British Universities which makes this situation extra interesting.

  • @tomrudge
    @tomrudge Před 2 měsíci

    So the insurers have failed to comment on liability, they've had 3 months EXTRA time to investigate and still no outcome. Ive decided to push this to court. On the claim form do you put the defendants name/address or the insureres or both?

  • @venusssharman5922
    @venusssharman5922 Před 2 měsíci

    Hi Alex, its fabtasctic people like you who make me want to study law. Incidentally, i have in my posession your 2020 edition, Flying Solo. Introduction - Life in the skies... perfectly brilliant!

  • @bartekziembol5034
    @bartekziembol5034 Před 2 měsíci

    Hi, great channel. I have a pending case which I opened for damages 9k, the defendant opened the counterclaim which is not related to my claim and is claiming the same damages from his side. On the top of that he opened the additional claim which is exactly the same as the counterclaim....the only difference is that he added my partner to this new claim as the second named third party (he called us 20 part defendants on additional claim application). I had a hearing yesterday for jurisdiction and I raised up the duplicate claims...judge wasn't interested that topic...is it normal ?? Res judicata doesn't apply here?

  • @charlottelewis909
    @charlottelewis909 Před 2 měsíci

    Is this filed with the bundle the court asks for before setting the date of a hearing with the my(claimant) witness statement for the Particulars of claim and itself?

    • @AISA-86
      @AISA-86 Před měsícem

      No, the reply to defence and counterclaim is to be filed with the directions questionnaire, or with 14 days of receiving the defence if the dates are different as per CPR 15.8

  • @helenw495
    @helenw495 Před 3 měsíci

    Thanks for the blog and advice. A scheduled 3 interliner, by the way, is an important lining fabric that acts as a fire barrier!

  • @birminghamstudios8113
    @birminghamstudios8113 Před 3 měsíci

    overall like the way you deliver how it works. Just had a point to make that the statement you made that 9 times out of 10 it wouldn’t work is very misleading and discouraging . To my knowledge only 3 times out of 10 it wouldn’t work. Might be wrong

  • @glenwilson7225
    @glenwilson7225 Před 3 měsíci

    Terribly sorry if ive missed this and i will listen again but if we feel theres a good case a claim will be on the small track, would we still get time given the redtraints to give our witness statement or is it done at the same time as the defence to cut down on time? Will a court give us directions or leave it to us to decide to give an account other than our defence ?

  • @danamery4247
    @danamery4247 Před 3 měsíci

    great video

  • @kaal1010
    @kaal1010 Před 3 měsíci

    Thanks for this Alex. I couldn't find any, but do you have any vids where you talk about how you create a bundle prior to a hearing?

  • @breaker-one-nine
    @breaker-one-nine Před 3 měsíci

    Jesus. I hadn't gotten to this stage yet but, well explained that all the evidence needs connected to a witness statement. 😮 I guess I didn't read that bit yet in the Sheriff Court Practice book. 😂 I know there are differences but, good info mate.

  • @breaker-one-nine
    @breaker-one-nine Před 3 měsíci

    Most of the party litigant "guides" are no good. You really need the books. The civil procedure one in England and in Scotland MacPhail's Sheriff Court Practice. I had read voluminous amounts of info on procedure in Scotland & felt like I knew nothing yet. Access to the books is very important. Game changer. None of the "guides" properly explain craves, condescendence etc. Best guide I've seen bar the books is the Scottish Land Court DIY guide, which isn't exactly the same as civil "simple" procedure but, it gives a good idea of what you need to do.

  • @Hayley-hb6vx
    @Hayley-hb6vx Před 3 měsíci

    Hello. Thank you for this very informative video. My father is an extremely wealthy man and i'm his first born. Neither myself or my Mother have ever received a penny of help from him. He went on to have two more children, raised one of his grandchildren and adopted her sibling from another man. All private schooling for them. Private eveything. Horses. Houses galore. Tennis courts, pools. Tens and tens of property. I know being hurt by this doesn't mean a thing in court. Would it not be taken into consideration at all? That fact that he brought me into this world and knowingly left me to grow up in poverty. Leaving me with abandonedment issues. Hurt and psin. Whilst he enjoyed his pools and tennis courts. The best health care. Would the effect of this not be taken into account. His responsibility laughed at, my life laughed at. It should be illegal to bring a child into the world and leave them to live a hard life whilst you have the means to make a change. The living, breathing, feeling human who is only here because of them. He hasnt died yet, i might go before him. I might be left a fortune, you never know. Some people think in extraordinary ways.

    • @RedwoodLegal
      @RedwoodLegal Před 3 měsíci

      In Ilot v Mitson she did not have an outright win, but she did win something - go onto the Supreme Court website via the link in the description box in the video, where there should be a summary of the case. If you are in genuine hardship there may be a possibility under the Inheritance Act, but generally people can do what they like with their will, in this country. That being said, usually lawyers advise them to at least make some small provision, even quite small, and then include a letter of wishes explaining the justification for not leaving much to a particular child. To avoid a challenge under the above act.

  • @Leegould-zs3vh
    @Leegould-zs3vh Před 3 měsíci

    Can you point me in the right direction how to file a defamation case against a supported housing organisation that after reading my case notes from my support worker making untrue statements about me being a drug addict and mentally ill

    • @RedwoodLegal
      @RedwoodLegal Před 3 měsíci

      You have to use a lawyer in a defamation case. Even support from a service like courtwingman might not be enough. They are too complex for litigants in person to do on their own. If you are going to do it on your own, you should try a direct access barrister, one who has experience of defamation. When we last did one we used a specialist barrister, as even we, with 40 years litigation experience, were not confident of the law, as applied to this particular case. There are certain specific pre-action protocols to be followed. You could end up burning money if you put a foot wrong. I once attended a libel trial (the famous "McLibel" trial that Macdonalds brought). It ended up badly for both MacDonald's - who did not win outright on all counts - and on both parties financially.

  • @Leegould-zs3vh
    @Leegould-zs3vh Před 3 měsíci

    Does your book cover defamation cases? Thanks

    • @RedwoodLegal
      @RedwoodLegal Před 3 měsíci

      Only in so far as I recommend litigants in person not do it alone and use a lawyer. Certain categories of cases are just not viable for LIPs. There will also be exceptions, of course, but they are rare.

  • @Indiekid-1976
    @Indiekid-1976 Před 3 měsíci

    I have ADHD and ASD,I have no choice but to act as a litigant in person. Will a judge allow for my conditions in dealing with me?

    • @RedwoodLegal
      @RedwoodLegal Před 3 měsíci

      Well, it rather depends on what judge you end up with ... but we have certainly been against opponents who had health issues and in one recent case were surprised at how much leeway the litigant in person was given. (In this case he did not know the case and that our opponent was not ill, just milking it to postpone our claim as best she could. If I had to put money on it ... I would say a court is not going to make big allowances for someone with ADHD. My view, if I had to express one. But the caveat is that I know nothing about the case and how serious or small it is.

    • @Indiekid-1976
      @Indiekid-1976 Před 3 měsíci

      @@RedwoodLegal well the case regards my conditions really. I was hit at a lot as a child and treated very unkindly for what it turned out were the symptoms of these conditions. I had already previously asked the police to investigate child abuse against me, they did in fact admit to hitting me, because of my behaviour and my stepfather admitted that him and his friends got me drunk and stripped me naked, ran off with my clothes and left me in the pub when I was 15 but claimed this was just banter. However since then I found out my real father threw me at the headboard as a baby and I have been diagnosed with ADHD which has a strong link to traumatic brain injury and I am mid way through being diagnosed with ASD, both these conditions are large comorbidities with TBI.

  • @Indiekid-1976
    @Indiekid-1976 Před 3 měsíci

    You should take insurance against losing, you’ll need the opinion of a solicitor/barrister on the case to satisfy the insurers.

    • @RedwoodLegal
      @RedwoodLegal Před 3 měsíci

      It depends - taking out After The Event insurance means a deposit up front in most cases, and then you have to part with a share of your winnings. When we are litigating through South Bank Legal we do not use it on all cases, just those that merit it. In terms of counsel's advice, that is correct - you do need it in nearly all No Win No Fee Cases, although the personal injury is the exception, where it is such a factory-type sector with law firms taking on hundreds of cases, it is not always necessary.

  • @ClaySmith-dz8ej
    @ClaySmith-dz8ej Před 3 měsíci

    Hi, I went shopping at a Store, I left the shop after paying for the goods, I got in my van and left, within 5 minutes I had a police car with sirens and blue flashing lights coming down the duel carriage way behind me(I actually slowed down to let them past) little did I know they were coming for me, they pulled along side and pointed at me to pull over,I pulled over, I immediately asked what I had done, they said I had stolen Lego from the store, and I was seen running across the car park with the Lego, I got out the van, the police said something about "Pace" and they searched the van and I was detained for about 15 minutes (I was claiming my innocence all the time) after about 15 minutes and NO Lego found, they contacted the people using the CCTV, It was established I did not match the description of the Lego theif and the actual Lego theif was seen getting into a car, and NOT a van... I was shocked, furious,scared ,and humiliated all at the same time, I would like to bring legal action against the Store involved, my question is , do I use the Small Claims Court to do this? Any advice would be appreciated.

    • @RedwoodLegal
      @RedwoodLegal Před 3 měsíci

      The courts accept that the police do make mistakes and would be reluctant, in minor cases, to judge for you in a county court claim, in my view. Moreover, prosecutions against the police are notoriously complex.

  • @makemoneyearnmoney3298
    @makemoneyearnmoney3298 Před 4 měsíci

    Cheers Alex

  • @notmyrealname121
    @notmyrealname121 Před 4 měsíci

    can you do a video about how to respond to a judge, or the adjudicating officer in the claims court. Paperwork is great, timings, dates timelines, but all the paperwork n the world doesn't prepare you for a judge, knowing you are self litigant, constantly interrupting, throwing curve ball questions, and worst of all quoting Latin terms to you.

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      What do you mean by an adjudicating officer? Yes, I could do a video on the mental side and being mentally prepared as well as physically prepared for court (with documents etc).

  • @notmyrealname121
    @notmyrealname121 Před 4 měsíci

    i cant understand why there are not hundreds of videos like this available on CZcams for the UK. This is perfect. its like talking to a friend in a cafe, its like a 30 min consultation with a solicitor. My first lunch with a Public prosecutor in a criminal matter was just like this (lost btw). Ive subscribed...and also will steal this Presentation formulae for my videos. Its perfect from start to finish. Thank you

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      Thank you for these generous words. It really does make a difference. We are all human and need encouragement, as vlogging does seem sometimes like a rather speculative activity and you never know what is sticking and what not. I suspect the answer to that question, which I myself have often asked, is that lawyers like the idea of it but are not convinced that they can earn money from it and when they try it they realise how much time it is going to take, away from billing their cases. They might be right. It takes a long, long time to speak fluidly and naturally on video and this is a work in progress for me. Preparing and editing one of these videos themselves takes a whole day, believe it or not. Even though there is a need, lawyers do not see it as a profitable endeavour. It has taken me around 10 years to start to generate a decent income from vlogging on CZcams.

  • @breaker-one-nine
    @breaker-one-nine Před 4 měsíci

    In my two short stints in Sheriff's court in Scotland 20 years ago.. I found it VERY interesting! I did a Summary Cause and a Small Claims and both times, the Sheriff chastised the solicitors brutally whereas he treated the party litigant as he should - sympathetic to them being largely ignorant of procedure. 😂 I couldn't believe how brutal they were to the solicitors especially the juniors.

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      Yes, a judge on a bad day can come as a real shock - to solicitors as well as LIPs! I am wondering whether to do a vlog on the mental preparation side for hearing ....

  • @blueskybliss1
    @blueskybliss1 Před 4 měsíci

    Hi Wingman , love to see a practical guide about how to prepare excellent documentation for a case, inc templates, checklists, timeline software, AI Apps-any kind of paralegal D.IY type starter kit. I''m at a point where I need to nail down documents so everything is compiled ready for a solicitor .[ my case- 'uk/ challenging a life time gift after death' or generally. Cheers

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      Thank you for this! Were you asking for a DIY Kit? I have often wondered whether I should produce an online product to complement the book.

  • @RoseMuffin24
    @RoseMuffin24 Před 4 měsíci

    Great video. ... Your Honor. Please let me preset you with some details; In order to win this case on my own, I had to dedicate 3 years of my time; I had to enrol for a law course at Cambridge University and pay full University Fees. Please award them back to me + £19 per each hour :>

  • @richardadamshaw1369
    @richardadamshaw1369 Před 4 měsíci

    Hi, I have joint custody 50/50 of my little boy. One would assume that neither parent would need to pay child maintenance but because my ex partner receives the child benefit and only one person can claim it she is classed as the parent with care so the child maintenance service say I still need to pay. How does that work fairly?

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      Thanks for the question, but, honestly, it would need a conversation as it has to be tailored to the case, and your financial circumstances and so on. We would need to talk numbers. hello@courtwingman.com if you wanted to follow up ...

  • @revisionreader1922
    @revisionreader1922 Před 4 měsíci

    TYSM!!

  • @ShujiGangsta
    @ShujiGangsta Před 5 měsíci

    Mr Courtwingman, I have called your company - the courtwingman twice and e-mailed twice and no one has repsonded to me. I have a deadline for the claim and was hoping to be able to get your service.

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      You may be using an old number. Best to email hello@courtwingman.com and book a legal surgery - we check this daily and is our main email. This avoids reception.

  • @braw
    @braw Před 5 měsíci

    Interested if the credit agreement applies to an overdrawn bank account or just the likes of a loan or credit card?

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      I haven't come across an overdrawn bank account case as yet. This may be because there is no real mileage here.

    • @braw
      @braw Před 4 měsíci

      @@RedwoodLegal apologies, but what do you mean there is no real mileage? Does the agreement not apply to such a thing normally, like when you take out a loan you agree to pay back in X months and so on …

  • @ShujiGangsta
    @ShujiGangsta Před 5 měsíci

    Thank you SO much this is VERY useful to hear as its said in an easy-to-understand way. The claim I have against me is for about 20 points - a lot of which are similar. I have a few questions for you: 1. I want to tell the story and I believe a witness statement is the way to do this. Can I refer to the W.S. in the defence and counterclaim? Should I submit the W.S. with the D&C? 2. Do I need to give the claimants solicitor everything? (He didn't give me anything apart from an email to say that he's applying to the court now) 3. Do I need to respond to every point, i.e. points 5, 8, and 12 are denied because... (as this makes it long, and like you said, it will look tedious to the judge). 4. Do I need to file an N9B form with the counterclaim (as it is for money, too) or... essentially I want to say that the deposit should be sent to the TDS (as I didn't register it properly) and not to me so maybe I don't need to counterclaim for money/do the N9B form? 5. Can I request to cap costs or omit the claim completely, or does the court decide this at their discretion?

    • @RedwoodLegal
      @RedwoodLegal Před 4 měsíci

      I would need to charge you to answer these! But thank you for the comment and I note that you have laid things out clearly which is a good sign for an LIP. You will appreciate a lot of free time goes into these videos and I just do not have time to answer questions - yours especially would need goodly time to go away and research. If I can suggest you email hello@courtwingman.com and book a one hour surgery? £150 no vat.

  • @BorisVladimir
    @BorisVladimir Před 5 měsíci

    Is there a specific court form for costs, or do you make your own application for costs and or statement for costs? How does the whole "claiming costs" process work? what are the steps one needs to take?

    • @RedwoodLegal
      @RedwoodLegal Před 5 měsíci

      Yup, I think I need to do a video on that perhaps. But are you there yet? Where are you in your case so I can understand better?

    • @RedwoodLegal
      @RedwoodLegal Před 5 měsíci

      Incidentally, yes,, there is a court form to claim summary costs at an interim hearing, N260, but it is rather confusing! I often use the one you see here in the vlog or in the book.

    • @BorisVladimir
      @BorisVladimir Před 5 měsíci

      @@RedwoodLegal The latest I did is I answered the court track questionnaire form. (I am a defendant in a claim brought by an alleged water company or a party that makes an impression to act like a water company and they have not used their correct legal name to bring the claim, for the avoidance of doubt I asked for a company registration number to correctly identify the claimant, but they do not answer that questions, which I believe is unreasonable behavior and does not adhere to CPR and pre- action disclosure for alleged debt claims).

  • @tlangdon12
    @tlangdon12 Před 5 měsíci

    Great video Alex. Some greate advice there. It would be worth getting someone to show you how to add chapters to your video as this would make it easier for people to skip ahead if they needed to.

    • @RedwoodLegal
      @RedwoodLegal Před 5 měsíci

      Cheers for that note, will look into it