A case management hearing was held last Thursday, at which CaRT presented their application for a strike out, and their opposition to my being given right of audience. It was acknowledged that insufficient time had been allowed for these matters to be properly addressed at Thursday’s hearing, although preliminary submissions were made, at the Master’s request, from all present.
Upshot is that there is to be a further, longer hearing for sometime next January, subject to Counsel’s dates to avoid. A couple of the ‘technical’ procedural irregularities CaRT had complained of were sorted out by the common sense suggestion by the Master that I re-do a couple of pages, adding the necessary “Statement of Truth” to them, to be signed and dated.
Leigh has the opportunity also, by 5 January, to lodge a Statement of his own respecting any challenge to the facts in Shoosmiths Statement, and skeleton arguments can be lodged also.
At least for the purpose of that next hearing, I will be allowed to speak in response to the Master, given that the Statement of Case was my preparation. I will need to show whether or not it fails to be “concise” according to relevant Practice directions, [and presumably, if not why not, and whether that should qualify for the strike out CaRT ask for].