- published: 20 Jun 2016
- views: 1068
Create your page here
Friday, 21 April 2017
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remove the playlistClaimant
- remove the playlistClaimant
back to playlist
Adshare claimed that my "song" that I never sang in the first place is
a music that they own, which in hindsight is false because Taps is a
music that is in Public Domain and not theirs to claim ownership.
Video shows what claimant means. One who claims, one who makes a claim.. A person receiving money from the government, in a form of unemployment benefits, disability benefits or similar.. The party who initiates a lawsuit before a court.. Claimant Meaning. How to pronounce, definition audio dictionary. How to say claimant. Powered by MaryTTS, Wiktionary
- published: 27 Apr 2015
- views: 250
What's the best way to reward individual innovation? Fred L. Smith, Jr. says that entrepreneurial organizations are generally better than political institutions at rewarding those responsible for creating value.
- published: 30 Nov 2011
- views: 459
The benefits system in the UK is going through a lot of changes.
These changes are being made by the UK Government and affect the whole country. They're part of a complete overhaul of the way the benefits system works.
The Government calls this overhaul "welfare reform".
The changes include things like: which benefits you can claim, what they're called and how you claim them.
In this video we take a look at the contract you’ll need to sign to keep getting your benefits – it’s called a Claimant Commitment. In it, you’ll agree all the things that you’ll do to keep getting your benefits. If you don’t do any of the things you’ve agreed, your benefits could be stopped.
Are you affected by changes to the benefits system?
If you're worse off because of the government's welfare reform or want to find out more about how it will affect you, visit:
www.fifedirect.org.uk/benefitchanges
Or to learn more about how Universal Credit will affect people living and working in Fife, visit:
www.fifedirect.org.uk/universalcredit
---
Support agencies in Fife:
Fife Council - www.fifedirect.org.uk/benefitchanges
Citizens Advice - www.CABFife.org.uk
Community Job Clubs - www.fifedirect.org.uk/jobclubs
Credit Unions - www.fifedirect.org.uk/creditunions
Digital Skills courses - www.fifedirect.org.uk/digitalskills
Discretionary Housing Payments - www.fifedirect.org.uk/dhp
Fife Childcare Information Service - email: Fife.ChIS@fife.gov.uk
Fife Gingerbread - www.fifegingerbread.org.uk
Fife Law Centre - www.fifelawcentre.co.uk
Foodbanks - www.fifedirect.org.uk/foodbanks
On Your Doorstep - www.onyourdoorstep.org
Scottish Welfare Fund - www.fifedirect.org.uk/welfarefund
Shelter Scotland - www.scotland.shelter.org.uk
- published: 20 Jul 2016
- views: 154
What to do once you've recieved the Claimant's Witness Statements
http://www.yourlaw.co/employment-tribunal/Reviewing-Claimants-Witness-Statements.php
- published: 11 Aug 2011
- views: 331
info@redwoodlegal.co.uk
+4420 7620 6265
This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide free insights and practical tips and information on how to bring your own small claim, without the need for a lawyer. If you need our advice or assistance or input at any time - then we can provide it for a reduced fee. That is how our business model works for this project. We are also hoping of course to generate a client base for other other legal needs.
Today we deal with how to respond to a Defence & Counterclaim. You are the Claimant and you are faced with an opponent who seems determined to cause you problems. They are not just avoiding paying. As for all our vlogs, we usual actual cases that we are currently running to make sure it is the "real deal". We have found this is better than theoretical knowledge.
So in this case you have a Claimant who is chasing unpaid invoices for curtains she has made for an interior designer who has an end client that she has tried to please too hard and is now making our client pay for her, "oversell". (See the video for the brief facts.) The claim value is no more than £750 but the trouble now is that the interior designer has replied to the claim with a defence AND a counterclaim, saying that the invoices were not paid because not only was the one done improperly, but she had to spend more money on repairing the damage. Our client was about to send a long document (in effect a witness statement) in reply to the Defendants long letter reply to the claim, attached to her defence.
The issue here is clarity. Sending this long document would have been a mistake. This is where you have to, unfortunately, apply some legal knowledge. Now, it's a strange anomaly that there is this small claims system that excludes lawyers but you are nevertheless expected to know the law! Ignorance of the law is no defence! What on earth do you do? You do not know the law of contract or negligence. Well, you make sure you have separated the issues and been crystal clear about what your response is and you have NOT written a long, emotional response providing evidence. Evidence is for later - the court will direct you nearer the trial on exchange of evidence. For now you just want to focus on clearly defining your case and rejecting your opponent's.
So what should you do? Well, in this case, separate out the issues. 1. The Defence - the curtains WERE correct as they were what was ordered. The specification was met. The Defendant asked for a thin hem (not interlined) and this was precisely what was delivered. So the Claimant denies the defence. 2. The counterclaim is stoutly denied as any damage only came about as the result of the wrong specification that the Defendant had contracted for. However, even if there was any fault with the Claimant, the Defendant failed to give an opportunity to the Claimant to remedy the error. This is called duty to mitigate. Further, great expense was incurred by the Defendant, necessarily so. That is then all you need.
The court will then receive your CLEAR response. Judges like clarity. If you bombard the court with all manner of random evidence in your outrage at your Defendant's conduct, you play into their hands. And give them ammunition. The correct place for this is your witness statement and exchange down the track. So, for example, the fact that in this case the Defendant was still using the Claimant's work in their showroom gives the lie to their case- is a matter for nearer trial once the court has sent you directions for trial and exchange of witness statement and disclosure of documentary evidence.
Do not be indignant - just be clear. Crystal Clear. And finally, your response to their defence is the REPLY - and your response to their counterclaim is your DEFENCE to the counterclaim, for a claim that they are now bringing against you. Be sure to think clearly and separate these two elements out when your draft your response and sent it into the court. And title it "REPLY AND DEFENCE TO COUNTERCLAIM" if you like.
11 May 2016
- published: 11 May 2016
- views: 418
Plaintiff
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff is called a "claimant". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.
This page contains text from Wikipedia, the Free Encyclopedia -
https://wn.com/Plaintiff
This article is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License, which means that you can copy and modify it as long as the entire work (including additions) remains under this license.
This article is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License, which means that you can copy and modify it as long as the entire work (including additions) remains under this license.
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11:59Adshare is a False Claimant
Adshare is a False ClaimantAdshare is a False Claimant
Adshare claimed that my "song" that I never sang in the first place is a music that they own, which in hindsight is false because Taps is a music that is in Public Domain and not theirs to claim ownership. -
1:30Who is the claimant?
Who is the claimant?Who is the claimant?
說明 -
0:37Claimant Meaning
Claimant MeaningClaimant Meaning
Video shows what claimant means. One who claims, one who makes a claim.. A person receiving money from the government, in a form of unemployment benefits, disability benefits or similar.. The party who initiates a lawsuit before a court.. Claimant Meaning. How to pronounce, definition audio dictionary. How to say claimant. Powered by MaryTTS, Wiktionary -
26:29World In Action Claimant Scrounger Snooper Spy
World In Action Claimant Scrounger Snooper Spy -
3:19Fred Weekly: Residual Claimant Problem
Fred Weekly: Residual Claimant ProblemFred Weekly: Residual Claimant Problem
What's the best way to reward individual innovation? Fred L. Smith, Jr. says that entrepreneurial organizations are generally better than political institutions at rewarding those responsible for creating value. -
4:05The Park Bench- "The Claimant"
The Park Bench- "The Claimant" -
2:07Daybreak interview with benefits claimant
Daybreak interview with benefits claimant -
5:19Your Claimant Commitment
Your Claimant CommitmentYour Claimant Commitment
The benefits system in the UK is going through a lot of changes. These changes are being made by the UK Government and affect the whole country. They're part of a complete overhaul of the way the benefits system works. The Government calls this overhaul "welfare reform". The changes include things like: which benefits you can claim, what they're called and how you claim them. In this video we take a look at the contract you’ll need to sign to keep getting your benefits – it’s called a Claimant Commitment. In it, you’ll agree all the things that you’ll do to keep getting your benefits. If you don’t do any of the things you’ve agreed, your benefits could be stopped. Are you affected by changes to the benefits system? If you're worse off because of the government's welfare reform or want to find out more about how it will affect you, visit: www.fifedirect.org.uk/benefitchanges Or to learn more about how Universal Credit will affect people living and working in Fife, visit: www.fifedirect.org.uk/universalcredit --- Support agencies in Fife: Fife Council - www.fifedirect.org.uk/benefitchanges Citizens Advice - www.CABFife.org.uk Community Job Clubs - www.fifedirect.org.uk/jobclubs Credit Unions - www.fifedirect.org.uk/creditunions Digital Skills courses - www.fifedirect.org.uk/digitalskills Discretionary Housing Payments - www.fifedirect.org.uk/dhp Fife Childcare Information Service - email: Fife.ChIS@fife.gov.uk Fife Gingerbread - www.fifegingerbread.org.uk Fife Law Centre - www.fifelawcentre.co.uk Foodbanks - www.fifedirect.org.uk/foodbanks On Your Doorstep - www.onyourdoorstep.org Scottish Welfare Fund - www.fifedirect.org.uk/welfarefund Shelter Scotland - www.scotland.shelter.org.uk -
6:14How to review the Claimant's Witness Statements
How to review the Claimant's Witness StatementsHow to review the Claimant's Witness Statements
What to do once you've recieved the Claimant's Witness Statements http://www.yourlaw.co/employment-tribunal/Reviewing-Claimants-Witness-Statements.php -
17:40Small Claims: Claimant's Response to Defence & Counterclaim
Small Claims: Claimant's Response to Defence & CounterclaimSmall Claims: Claimant's Response to Defence & Counterclaim
info@redwoodlegal.co.uk +4420 7620 6265 This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide free insights and practical tips and information on how to bring your own small claim, without the need for a lawyer. If you need our advice or assistance or input at any time - then we can provide it for a reduced fee. That is how our business model works for this project. We are also hoping of course to generate a client base for other other legal needs. Today we deal with how to respond to a Defence & Counterclaim. You are the Claimant and you are faced with an opponent who seems determined to cause you problems. They are not just avoiding paying. As for all our vlogs, we usual actual cases that we are currently running to make sure it is the "real deal". We have found this is better than theoretical knowledge. So in this case you have a Claimant who is chasing unpaid invoices for curtains she has made for an interior designer who has an end client that she has tried to please too hard and is now making our client pay for her, "oversell". (See the video for the brief facts.) The claim value is no more than £750 but the trouble now is that the interior designer has replied to the claim with a defence AND a counterclaim, saying that the invoices were not paid because not only was the one done improperly, but she had to spend more money on repairing the damage. Our client was about to send a long document (in effect a witness statement) in reply to the Defendants long letter reply to the claim, attached to her defence. The issue here is clarity. Sending this long document would have been a mistake. This is where you have to, unfortunately, apply some legal knowledge. Now, it's a strange anomaly that there is this small claims system that excludes lawyers but you are nevertheless expected to know the law! Ignorance of the law is no defence! What on earth do you do? You do not know the law of contract or negligence. Well, you make sure you have separated the issues and been crystal clear about what your response is and you have NOT written a long, emotional response providing evidence. Evidence is for later - the court will direct you nearer the trial on exchange of evidence. For now you just want to focus on clearly defining your case and rejecting your opponent's. So what should you do? Well, in this case, separate out the issues. 1. The Defence - the curtains WERE correct as they were what was ordered. The specification was met. The Defendant asked for a thin hem (not interlined) and this was precisely what was delivered. So the Claimant denies the defence. 2. The counterclaim is stoutly denied as any damage only came about as the result of the wrong specification that the Defendant had contracted for. However, even if there was any fault with the Claimant, the Defendant failed to give an opportunity to the Claimant to remedy the error. This is called duty to mitigate. Further, great expense was incurred by the Defendant, necessarily so. That is then all you need. The court will then receive your CLEAR response. Judges like clarity. If you bombard the court with all manner of random evidence in your outrage at your Defendant's conduct, you play into their hands. And give them ammunition. The correct place for this is your witness statement and exchange down the track. So, for example, the fact that in this case the Defendant was still using the Claimant's work in their showroom gives the lie to their case- is a matter for nearer trial once the court has sent you directions for trial and exchange of witness statement and disclosure of documentary evidence. Do not be indignant - just be clear. Crystal Clear. And finally, your response to their defence is the REPLY - and your response to their counterclaim is your DEFENCE to the counterclaim, for a claim that they are now bringing against you. Be sure to think clearly and separate these two elements out when your draft your response and sent it into the court. And title it "REPLY AND DEFENCE TO COUNTERCLAIM" if you like. 11 May 2016
'Claimant' is featured as a movie character in the following productions:
Alibi (2003)
Actors: Michael Kitchen (actor), Sophie Okonedo (actress), Phyllis Logan (actress), Hal Lindes (composer), Francis Magee (actor), Jerome Willis (actor), Paul Abbott (writer), Adam Kotz (actor), Peter Lovstrom (actor), Ralph Wheeler-Holes (costume designer), Catherine Creed (editor), Kirstie Edgar (miscellaneous crew), Clare Clifford (actress), David Richards (director), Tom Knight (actor),
Plot: "Alibi" is a thriller with a bit of romance and touches of black humour along the way. Greg is discovered with the dead body of his wife's lover by Marcey, a public servant moonlighting as a waitress at a party thrown by Greg for he and his wife's wedding anniversary. Marcey sets about 'organising' the slightly neurotic Greg in his attempts to cover up the 'accident'.
Keywords: accident, dead-body, infidelity, lie, marriageGenres: Drama, Thriller,
-
Adshare is a False Claimant
Adshare claimed that my "song" that I never sang in the first place is a music that they own, which in hindsight is false because Taps is a music that is in Public Domain and not theirs to claim ownership.
published: 20 Jun 2016 -
Who is the claimant?
說明
published: 22 May 2015 -
Claimant Meaning
Video shows what claimant means. One who claims, one who makes a claim.. A person receiving money from the government, in a form of unemployment benefits, disability benefits or similar.. The party who initiates a lawsuit before a court.. Claimant Meaning. How to pronounce, definition audio dictionary. How to say claimant. Powered by MaryTTS, Wiktionary
published: 27 Apr 2015 -
-
Fred Weekly: Residual Claimant Problem
What's the best way to reward individual innovation? Fred L. Smith, Jr. says that entrepreneurial organizations are generally better than political institutions at rewarding those responsible for creating value.
published: 30 Nov 2011 -
-
-
Your Claimant Commitment
The benefits system in the UK is going through a lot of changes. These changes are being made by the UK Government and affect the whole country. They're part of a complete overhaul of the way the benefits system works. The Government calls this overhaul "welfare reform". The changes include things like: which benefits you can claim, what they're called and how you claim them. In this video we take a look at the contract you’ll need to sign to keep getting your benefits – it’s called a Claimant Commitment. In it, you’ll agree all the things that you’ll do to keep getting your benefits. If you don’t do any of the things you’ve agreed, your benefits could be stopped. Are you affected by changes to the benefits system? If you're worse off because of the government's welfare reform or wa...
published: 20 Jul 2016 -
How to review the Claimant's Witness Statements
What to do once you've recieved the Claimant's Witness Statements http://www.yourlaw.co/employment-tribunal/Reviewing-Claimants-Witness-Statements.php
published: 11 Aug 2011 -
Small Claims: Claimant's Response to Defence & Counterclaim
info@redwoodlegal.co.uk +4420 7620 6265 This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide free insights and practical tips and information on how to bring your own small claim, without the need for a lawyer. If you need our advice or assistance or input at any time - then we can provide it for a reduced fee. That is how our business model works for this project. We are also hoping of course to generate a client base for other other legal needs. Today we deal with how to respond to a Defence & Counterclaim. You are the Claimant and you are faced with an opponent who seems determined to cause you problems. They are not just avoiding paying. As for all our vlogs, we usual actual cases that we are currently running to make sur...
published: 11 May 2016
Adshare is a False Claimant
- Order: Reorder
- Duration: 11:59
- Updated: 20 Jun 2016
- views: 1068
Adshare claimed that my "song" that I never sang in the first place is
a music that they own, which in hindsight is false because Taps is a
music that is in Pub...
Adshare claimed that my "song" that I never sang in the first place is
a music that they own, which in hindsight is false because Taps is a
music that is in Public Domain and not theirs to claim ownership.
https://wn.com/Adshare_Is_A_False_Claimant
Adshare claimed that my "song" that I never sang in the first place is
a music that they own, which in hindsight is false because Taps is a
music that is in Public Domain and not theirs to claim ownership.
- published: 20 Jun 2016
- views: 1068
Who is the claimant?
- Order: Reorder
- Duration: 1:30
- Updated: 22 May 2015
- views: 1947
說明
說明
https://wn.com/Who_Is_The_Claimant
說明
- published: 22 May 2015
- views: 1947
Claimant Meaning
- Order: Reorder
- Duration: 0:37
- Updated: 27 Apr 2015
- views: 250
Video shows what claimant means. One who claims, one who makes a claim.. A person receiving money from the government, in a form of unemployment benefits, disab...
Video shows what claimant means. One who claims, one who makes a claim.. A person receiving money from the government, in a form of unemployment benefits, disability benefits or similar.. The party who initiates a lawsuit before a court.. Claimant Meaning. How to pronounce, definition audio dictionary. How to say claimant. Powered by MaryTTS, Wiktionary
https://wn.com/Claimant_Meaning
Video shows what claimant means. One who claims, one who makes a claim.. A person receiving money from the government, in a form of unemployment benefits, disability benefits or similar.. The party who initiates a lawsuit before a court.. Claimant Meaning. How to pronounce, definition audio dictionary. How to say claimant. Powered by MaryTTS, Wiktionary
- published: 27 Apr 2015
- views: 250
World In Action Claimant Scrounger Snooper Spy
- Order: Reorder
- Duration: 26:29
- Updated: 03 Aug 2014
- views: 6589
Case studies of people on both sides of the current crackdown on social security fraud
Season 16, Episode 9 Original Air Date 3 Mar. 1980
Case studies of people on both sides of the current crackdown on social security fraud
Season 16, Episode 9 Original Air Date 3 Mar. 1980
https://wn.com/World_In_Action_Claimant_Scrounger_Snooper_Spy
Fred Weekly: Residual Claimant Problem
- Order: Reorder
- Duration: 3:19
- Updated: 30 Nov 2011
- views: 459
What's the best way to reward individual innovation? Fred L. Smith, Jr. says that entrepreneurial organizations are generally better than political institutions...
What's the best way to reward individual innovation? Fred L. Smith, Jr. says that entrepreneurial organizations are generally better than political institutions at rewarding those responsible for creating value.
https://wn.com/Fred_Weekly_Residual_Claimant_Problem
What's the best way to reward individual innovation? Fred L. Smith, Jr. says that entrepreneurial organizations are generally better than political institutions at rewarding those responsible for creating value.
- published: 30 Nov 2011
- views: 459
The Park Bench- "The Claimant"
- Order: Reorder
- Duration: 4:05
- Updated: 25 Aug 2013
- views: 1457
Daybreak interview with benefits claimant
- Order: Reorder
- Duration: 2:07
- Updated: 23 Mar 2013
- views: 21520
Your Claimant Commitment
- Order: Reorder
- Duration: 5:19
- Updated: 20 Jul 2016
- views: 154
The benefits system in the UK is going through a lot of changes.
These changes are being made by the UK Government and affect the whole country. They're part o...
The benefits system in the UK is going through a lot of changes.
These changes are being made by the UK Government and affect the whole country. They're part of a complete overhaul of the way the benefits system works.
The Government calls this overhaul "welfare reform".
The changes include things like: which benefits you can claim, what they're called and how you claim them.
In this video we take a look at the contract you’ll need to sign to keep getting your benefits – it’s called a Claimant Commitment. In it, you’ll agree all the things that you’ll do to keep getting your benefits. If you don’t do any of the things you’ve agreed, your benefits could be stopped.
Are you affected by changes to the benefits system?
If you're worse off because of the government's welfare reform or want to find out more about how it will affect you, visit:
www.fifedirect.org.uk/benefitchanges
Or to learn more about how Universal Credit will affect people living and working in Fife, visit:
www.fifedirect.org.uk/universalcredit
---
Support agencies in Fife:
Fife Council - www.fifedirect.org.uk/benefitchanges
Citizens Advice - www.CABFife.org.uk
Community Job Clubs - www.fifedirect.org.uk/jobclubs
Credit Unions - www.fifedirect.org.uk/creditunions
Digital Skills courses - www.fifedirect.org.uk/digitalskills
Discretionary Housing Payments - www.fifedirect.org.uk/dhp
Fife Childcare Information Service - email: Fife.ChIS@fife.gov.uk
Fife Gingerbread - www.fifegingerbread.org.uk
Fife Law Centre - www.fifelawcentre.co.uk
Foodbanks - www.fifedirect.org.uk/foodbanks
On Your Doorstep - www.onyourdoorstep.org
Scottish Welfare Fund - www.fifedirect.org.uk/welfarefund
Shelter Scotland - www.scotland.shelter.org.uk
https://wn.com/Your_Claimant_Commitment
The benefits system in the UK is going through a lot of changes.
These changes are being made by the UK Government and affect the whole country. They're part of a complete overhaul of the way the benefits system works.
The Government calls this overhaul "welfare reform".
The changes include things like: which benefits you can claim, what they're called and how you claim them.
In this video we take a look at the contract you’ll need to sign to keep getting your benefits – it’s called a Claimant Commitment. In it, you’ll agree all the things that you’ll do to keep getting your benefits. If you don’t do any of the things you’ve agreed, your benefits could be stopped.
Are you affected by changes to the benefits system?
If you're worse off because of the government's welfare reform or want to find out more about how it will affect you, visit:
www.fifedirect.org.uk/benefitchanges
Or to learn more about how Universal Credit will affect people living and working in Fife, visit:
www.fifedirect.org.uk/universalcredit
---
Support agencies in Fife:
Fife Council - www.fifedirect.org.uk/benefitchanges
Citizens Advice - www.CABFife.org.uk
Community Job Clubs - www.fifedirect.org.uk/jobclubs
Credit Unions - www.fifedirect.org.uk/creditunions
Digital Skills courses - www.fifedirect.org.uk/digitalskills
Discretionary Housing Payments - www.fifedirect.org.uk/dhp
Fife Childcare Information Service - email: Fife.ChIS@fife.gov.uk
Fife Gingerbread - www.fifegingerbread.org.uk
Fife Law Centre - www.fifelawcentre.co.uk
Foodbanks - www.fifedirect.org.uk/foodbanks
On Your Doorstep - www.onyourdoorstep.org
Scottish Welfare Fund - www.fifedirect.org.uk/welfarefund
Shelter Scotland - www.scotland.shelter.org.uk
- published: 20 Jul 2016
- views: 154
How to review the Claimant's Witness Statements
- Order: Reorder
- Duration: 6:14
- Updated: 11 Aug 2011
- views: 331
What to do once you've recieved the Claimant's Witness Statements
http://www.yourlaw.co/employment-tribunal/Reviewing-Claimants-Witness-Statements.php
What to do once you've recieved the Claimant's Witness Statements
http://www.yourlaw.co/employment-tribunal/Reviewing-Claimants-Witness-Statements.php
https://wn.com/How_To_Review_The_Claimant's_Witness_Statements
What to do once you've recieved the Claimant's Witness Statements
http://www.yourlaw.co/employment-tribunal/Reviewing-Claimants-Witness-Statements.php
- published: 11 Aug 2011
- views: 331
Small Claims: Claimant's Response to Defence & Counterclaim
- Order: Reorder
- Duration: 17:40
- Updated: 11 May 2016
- views: 418
info@redwoodlegal.co.uk
+4420 7620 6265
This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide fre...
info@redwoodlegal.co.uk
+4420 7620 6265
This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide free insights and practical tips and information on how to bring your own small claim, without the need for a lawyer. If you need our advice or assistance or input at any time - then we can provide it for a reduced fee. That is how our business model works for this project. We are also hoping of course to generate a client base for other other legal needs.
Today we deal with how to respond to a Defence & Counterclaim. You are the Claimant and you are faced with an opponent who seems determined to cause you problems. They are not just avoiding paying. As for all our vlogs, we usual actual cases that we are currently running to make sure it is the "real deal". We have found this is better than theoretical knowledge.
So in this case you have a Claimant who is chasing unpaid invoices for curtains she has made for an interior designer who has an end client that she has tried to please too hard and is now making our client pay for her, "oversell". (See the video for the brief facts.) The claim value is no more than £750 but the trouble now is that the interior designer has replied to the claim with a defence AND a counterclaim, saying that the invoices were not paid because not only was the one done improperly, but she had to spend more money on repairing the damage. Our client was about to send a long document (in effect a witness statement) in reply to the Defendants long letter reply to the claim, attached to her defence.
The issue here is clarity. Sending this long document would have been a mistake. This is where you have to, unfortunately, apply some legal knowledge. Now, it's a strange anomaly that there is this small claims system that excludes lawyers but you are nevertheless expected to know the law! Ignorance of the law is no defence! What on earth do you do? You do not know the law of contract or negligence. Well, you make sure you have separated the issues and been crystal clear about what your response is and you have NOT written a long, emotional response providing evidence. Evidence is for later - the court will direct you nearer the trial on exchange of evidence. For now you just want to focus on clearly defining your case and rejecting your opponent's.
So what should you do? Well, in this case, separate out the issues. 1. The Defence - the curtains WERE correct as they were what was ordered. The specification was met. The Defendant asked for a thin hem (not interlined) and this was precisely what was delivered. So the Claimant denies the defence. 2. The counterclaim is stoutly denied as any damage only came about as the result of the wrong specification that the Defendant had contracted for. However, even if there was any fault with the Claimant, the Defendant failed to give an opportunity to the Claimant to remedy the error. This is called duty to mitigate. Further, great expense was incurred by the Defendant, necessarily so. That is then all you need.
The court will then receive your CLEAR response. Judges like clarity. If you bombard the court with all manner of random evidence in your outrage at your Defendant's conduct, you play into their hands. And give them ammunition. The correct place for this is your witness statement and exchange down the track. So, for example, the fact that in this case the Defendant was still using the Claimant's work in their showroom gives the lie to their case- is a matter for nearer trial once the court has sent you directions for trial and exchange of witness statement and disclosure of documentary evidence.
Do not be indignant - just be clear. Crystal Clear. And finally, your response to their defence is the REPLY - and your response to their counterclaim is your DEFENCE to the counterclaim, for a claim that they are now bringing against you. Be sure to think clearly and separate these two elements out when your draft your response and sent it into the court. And title it "REPLY AND DEFENCE TO COUNTERCLAIM" if you like.
11 May 2016
https://wn.com/Small_Claims_Claimant's_Response_To_Defence_Counterclaim
info@redwoodlegal.co.uk
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This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide free insights and practical tips and information on how to bring your own small claim, without the need for a lawyer. If you need our advice or assistance or input at any time - then we can provide it for a reduced fee. That is how our business model works for this project. We are also hoping of course to generate a client base for other other legal needs.
Today we deal with how to respond to a Defence & Counterclaim. You are the Claimant and you are faced with an opponent who seems determined to cause you problems. They are not just avoiding paying. As for all our vlogs, we usual actual cases that we are currently running to make sure it is the "real deal". We have found this is better than theoretical knowledge.
So in this case you have a Claimant who is chasing unpaid invoices for curtains she has made for an interior designer who has an end client that she has tried to please too hard and is now making our client pay for her, "oversell". (See the video for the brief facts.) The claim value is no more than £750 but the trouble now is that the interior designer has replied to the claim with a defence AND a counterclaim, saying that the invoices were not paid because not only was the one done improperly, but she had to spend more money on repairing the damage. Our client was about to send a long document (in effect a witness statement) in reply to the Defendants long letter reply to the claim, attached to her defence.
The issue here is clarity. Sending this long document would have been a mistake. This is where you have to, unfortunately, apply some legal knowledge. Now, it's a strange anomaly that there is this small claims system that excludes lawyers but you are nevertheless expected to know the law! Ignorance of the law is no defence! What on earth do you do? You do not know the law of contract or negligence. Well, you make sure you have separated the issues and been crystal clear about what your response is and you have NOT written a long, emotional response providing evidence. Evidence is for later - the court will direct you nearer the trial on exchange of evidence. For now you just want to focus on clearly defining your case and rejecting your opponent's.
So what should you do? Well, in this case, separate out the issues. 1. The Defence - the curtains WERE correct as they were what was ordered. The specification was met. The Defendant asked for a thin hem (not interlined) and this was precisely what was delivered. So the Claimant denies the defence. 2. The counterclaim is stoutly denied as any damage only came about as the result of the wrong specification that the Defendant had contracted for. However, even if there was any fault with the Claimant, the Defendant failed to give an opportunity to the Claimant to remedy the error. This is called duty to mitigate. Further, great expense was incurred by the Defendant, necessarily so. That is then all you need.
The court will then receive your CLEAR response. Judges like clarity. If you bombard the court with all manner of random evidence in your outrage at your Defendant's conduct, you play into their hands. And give them ammunition. The correct place for this is your witness statement and exchange down the track. So, for example, the fact that in this case the Defendant was still using the Claimant's work in their showroom gives the lie to their case- is a matter for nearer trial once the court has sent you directions for trial and exchange of witness statement and disclosure of documentary evidence.
Do not be indignant - just be clear. Crystal Clear. And finally, your response to their defence is the REPLY - and your response to their counterclaim is your DEFENCE to the counterclaim, for a claim that they are now bringing against you. Be sure to think clearly and separate these two elements out when your draft your response and sent it into the court. And title it "REPLY AND DEFENCE TO COUNTERCLAIM" if you like.
11 May 2016
- published: 11 May 2016
- views: 418
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Small Claims: Claimant's Response to Defence & Counterclaim
info@redwoodlegal.co.uk
+4420 7620 6265
This is the first in a series of blogs on the Sma...
published: 11 May 2016
Small Claims: Claimant's Response to Defence & Counterclaim
Small Claims: Claimant's Response to Defence & Counterclaim
- Report rights infringement
- published: 11 May 2016
- views: 418
Adshare is a False Claimant...
Who is the claimant?...
Claimant Meaning...
World In Action Claimant Scrounger Snooper Spy...
Fred Weekly: Residual Claimant Problem...
The Park Bench- "The Claimant"...
Daybreak interview with benefits claimant...
Your Claimant Commitment...
How to review the Claimant's Witness Statements...
Small Claims: Claimant's Response to Defence & Cou...
See more photos of claimant
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Lyrics list:lyrics
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Killuminati, 2Pac
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Killuminati, Tupac Shakur
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Columind, Filter
Killuminati
[2Pac]
Let it be prophesized; niggaz'll die because ya crew's goon
Around the way niggaz get murdered by the full moon
Heard it in whispered tones
Niggaz is bold and they choose to roll
I kill em all, watch now nigga truth be told
Westside was the war cry, look how they scatter
Niggaz dyin by my 30-yard, brains'll splatter
Wonder why these niggaz cross me
I'm certified crazy, so sick the world made me
Now diggy-die, everytime I ride it's for reasons
Hard to kill a nigga cause I'm comin back like Jesus
Bow down to my ill nation runnin from drug cases
Lookin at my congregation so full of thug faces
Momma gave a nigga breath, a life of stress
I invest in a vest and makin niggaz watch they every step
Label me a threat
and I ain't even got started with this shit yet
Thug style baby, hands on my pistol, listen I'm a ridah
Every nigga breathin pay attention
Bout to show you motherfuckers how it feel, to drop a body
The simple gun to my lifestyle, Killuminati
Chorus: Kastro + 2Pac
[Kas] Yo Makaveli they can't stop you
[Pac] Hold it down
[Kas] Killuminati and we got you, got you
Yo Makaveli they can't stop you
[Pac] Hold it down
[Kas] Killuminati and we got you, got you
Yo Makaveli they can't stop you
[Pac] Hold it down
[Kas] Killuminati and we got you, got you
Yo Makaveli they can't stop you
[Pac] Hold it down
[Kas] Killuminati and we got you, got you
[2Pac]
After the fire comes the rain, after pleasure there's pain
Even though we broke for the moment, we'll be ballin again
Til I make it yo; my military be prepared for them bustaz
Similar to, bitches that scary, get too near me we rushin
Visions of over-packed prisons, fiends and niggaz thug livin
Pressures and three strikes, I hope they don't test us
They pull the heater ammunition it cranks, psssh
Move without a sound, as we slide down, pistols in place
They got me fiendin for currency, the money be callin
It's like I'm - dreamin, see in season me ballin
Participated in felonious behavior
Cock the cocked fo'-five, snatchin niggaz pagers
Labeled a mark soon as we start, it was hard to quit
We started out drinkin 40's, moved to harder shit
God damn now I'm a grown man, I follow no man
Nigga got my own plan, and it's called Killuminati
Chorus (w/ minor variations)
[E.D.I. Amin]
I spend most of my time bankin niggaz
because they hate a nigga, comin across fake niggaz
But we made niggaz, old school and I'm thinkin
Y'all some bitch made niggaz and you steadily sinkin
O-U-T, L-A-W-Z ain't nuttin fuckin with that
We bustin back comin back for the stacks
Laugh last cash cash, all I want is the paper
Givin them fuckers tool whips, I rule haters
Y'all can't fade us, we kill steal and peal quickly
The boss niggaz, definitely, put it down strictly
E.D.I. Amin, until the law come for me
Kill em all for shortie, ninety-nine Killuminati
[Kadafi]
They got me thinkin strugglin and hustling's my only fate
Toppin grams on the kichen plate, tryin to keep that money straight
Times is rollin three up these streets sleep
But when I crack, hammer cocked back rapped in my sheets
My life's been crossed, crooked since a seed it hurts
Got a package from the devil, payin my deeds
Preocuppied by the greed, in this crooked life I lead
More funds to spend, or bigger guns to squeeze
Me and my thugs clock G's simpin naughty thangs
Real as these tatt's on my body, and it's Killuminati
Chorus
[2Pac]
Makaveli the Don until I'm gone, I maintain
Hold it down, hold it down
Makaveli up in this bitch, worldwide mash, Westside
Makaveli the Don until I'm gone, I maintain
The question we ask, do you know what time it is?
Hold it down, hold it down
You know what type of shit we be
Makaveli the Don until I'm gone, I maintain
You want that hip-hop real
It's that hip-hop that's real
Hold it down, hold it down
Hip-hop that's worldwide, feel?
Makaveli the Don until I'm gone, I maintain
Fuck with me nigga you get killed!
Hold it down, hold it down
It don't get no realer than this
Makaveli the Don until I'm gone, I maintain
What's my motherfuckin name nigga?
Hold it down, hold it down
My niggaz we all bad
Makaveli the Don until I'm gone, I maintain
What's my muh'fuckin name nigga?
Hold it down, hold it down
What's my muh'fuckin name?
Makaveli the Don until I'm gone, I maintain
Outlawz in this BITCH
Rap pro at his finest
Makaveli the Don until I'm gone, I maintain
Repeat! Death Row at it's finest
Nigga, you know what time it is
Makaveli the Don until I'm gone, I maintain..
Outlawz..
