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Cabot and Restons Conspiracy to Defraud

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Re: Cabot and Restons Conspiracy to Defraud

Post by daveiron on Tue Dec 12, 2017 9:15 am

Did the judge state what case law had superseded the Denning judgement?
I recall from somewhere that a DCA had claimed that on their website ,but it turned out it was on a different part of the judgement.

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Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Tue Dec 12, 2017 2:08 pm

Hi daveiron,

No the judge didn't state what or which case law had superseded the Denning judgement, just that it had, and under no circumstances was I allowed to see the DoA.

A solicitor I've managed to get hold of and talk to since, said that was simply not true.

The more I think about how things went that day the more I think the judge wasn't being impartial at all and was on the side of the DCA.

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Re: Cabot and Restons Conspiracy to Defraud

Post by daveiron on Tue Dec 12, 2017 4:27 pm

Hi barnweb,

Have you had a look at CPR r 31.14 & CPR r 31.3 ?

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Re: Cabot and Restons Conspiracy to Defraud

Post by Tiggy on Tue Dec 12, 2017 6:35 pm

@daveiron wrote:Hi barnweb,

Have you had a look at CPR r 31.14 & CPR r 31.3 ?
Nothing in CPR 31 is applicable to the Small Claims Track.

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Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Wed Dec 13, 2017 11:56 am

Hi daveiron,

I think I'm correct in stating that CPR 31 etc is for claims over £10,000 and that CPR 18 is for amounts that are less than that, hence the small claims track.

Cheers Tiggy

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Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Sun Dec 17, 2017 6:29 pm

The Cabot/Restons response to me not being in the position to pay their costs yet was to offer a Tomlin Order so I can pay everything off monthly and they won't pursue any more court action. I think you guys know what my answer will be to that one, especially as they haven't even won !

If? when? I win I will be pursuing them to get my costs back and a bit more.

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Re: Cabot and Restons Conspiracy to Defraud

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