I've gone through all the paperwork and E-mails from the time C&RT announced their intention to start legal proceedings against me early in 2014, with particular attention on the period from 12 June 2014 to the Hearing on 4 July 2014.
There is a distinct whiff of sharp practice on the part of C&RT and Shoosmiths, including, shortly after the late service of the Claim papers only 8 clear days prior to the Hearing, an E-mailed suggestion that there would be no problem for me were I to attend the Hearing without having returned the Acknowledgement of Service Form and supporting paperwork. I quote from the E-mail :~ " . . . should you decide not to complete the Form, our client will not object to you attending at Court on 4 July and making oral representations in respect of your Defence of the Part 8 claim." ~ a tempting invitation for the gullible, if ever there was one ! . . . . I wonder if some similar, conciliatory sounding, load of guff found it's way to CLP prior to Andy W's Hearing on 8 October 2015 ?
There had been a considerable lapse of time between the expiry date of the S.8 and S.13 Notices and the issuing of the Claim by Shoosmiths, and, aware of their well earned reputation for 'wrong footing' Defendants, I had contacted Shoosmiths on numerous occasions as to the progress of the Claim and the likely date of issue.
Below is the chronology from 12 June 2014 :
# Thursday 12 June 2014, they notified me via E-mail that the papers had been sent to the Court, and the Court would be issuing the Claim and returning the sealed papers to them. The E-mail ended with a promise to notify me when the sealed papers had been returned from the Court.
# Monday 16 June 2014, enquiries at the Court Office in Nottingham, established that the Claim was issued by the Court that day and sent to Shoosmiths. Included with the sealed Claim, Acknowledgement of Service and Notes to Defendant was a sealed 'Notice of Hearing', bearing the same date and advising that a hearing of 10 minutes duration was listed for 4 July 2014.
# Thursday 19 June 2014, Shoosmiths advise via E-mail that the Court papers are being posted to me this day. Attached to the E-mail was a copy of the Notice of Hearing. Nothing was ever received in the Post, either prior or subsequent to the hearing.
# Wednesday 25 June 2014, a distinctly nervous and sheepish looking colleague of the local C&RT Enforcement Orifice served, at my boat, a very incomplete set of Court papers. The 'Acknowledgement of Service' and the 'Notes to Defendant' had all been omitted.
# Thursday 26 June 2014, I contacted the Court re. deficiencies in service, and to ask for copies of missing items.
# Friday 27 June 2014, Shoosmiths send 2 x E-mails, one at 1800 hours and one at 1830 hours. Contents of both E-mails copied below : ~
Dear Mr Dunkley
Further to our email to you of 19 June which attached a copy of the sealed Court papers and following service of hard copies of the Court papers on your boat on 25 June, it has come to our attention today that the blank Acknowledgment of Service Form in respect of Part 8 Claims was omitted in error from the papers previously served on you.
This is a document which you are entitled (should you so wish) to complete and file with the Court within 14 days of the service of the Claim. Please find attached a copy of the Form for your information.
As the hearing is listed for 4 July and you were formally served by hand delivery of the Court papers on 25 June, you are still within the 14 day time period for completIon.
In any event, we wish to make it clear that even should you decide not to complete the Form, our client will not object to you attending at Court on 4 July and making oral representations in respect of your Defence of the Part 8 claim.
Yours sincerely
and :
Dear Mr Dunkley
Further to my earlier email below, it has also come to my attention that the Court failed to attach the "Notes to Defendant" document to the Claim Form prior to us serving the Claim upon you. These Notes explain how to complete the Acknowledgment of Service Form so I now attach a copy of those for your information.
Yours sincerely
# Thursday 3 July 2014, taking a leaf out of Shoosmiths book, I filed the Acknowledgement of Service and my Witness Statement five minutes before the Court Office closed.
Although within the 14 day time limit for filing, this was of course far too late for forwarding to Shoosmiths, and the Court Office joined in with the fun next morning by giving the Acknowledgement of Service Form and Witness Statement to the Judge without telling Shoosmiths about it.
I got the impression that the Judge enjoyed the moment almost as much as I did, when, following Shoosmiths rather complacent opening spiel, he handed it over to them asking ~ " have you seen this ?".