"Hey BW Legal, Hold the Confetti! The Game's Still On!"
Remember the iconic World Cup match between Cameroon and England in 1990? Well, this legal tussle between BW Legal Services Limited, (“BW Legal") representing Premier Parking Solutions (“PPS”) before the County Court at Torquay and New Aboot, and our client felt just like a replay of that unforgettable game!
In the legal arena, PPS on our client over allegations of not displaying a permit on four distinct occasions. Our client, however, had a strong defence: he had parked with the landowner's explicit permission, meaning no rules were broken.
The initial particulars of the claim might have been a bit wobbly, but our client's defence was rock solid. Enter our client, who sought representation from us after setting his defence in motion. There was a slight hiccup when his witness statement was submitted a tad late, leading BW Legal to request the court to dismiss it.
But here's where the match took a thrilling turn! Representing Mr. Goran, the brilliant Mr. Jackson Yamba of Contestor Legal Services stepped up to the plate. He made a compelling case for the court to overlook the delay, emphasising the small claims nature and the lack of any real prejudice to the claimant. While the court didn't grant this particular request, Mr. Yamba had an ace up his sleeve.
Drawing attention to the poorly drafted particulars of the claim, Mr. Yamba invoked CPR 16. 4(1)(e) and Practice Direction 16.7.5. He argued that if they were going to penalise for late submissions, then the same scrutiny should be applied to defective claims. And guess what? The court granted it
BW Legal's brief moment of triumph was short-lived, much like Cameroon's fleeting lead in 1990. Thanks to Mr. Jackson Yamba's stellar representation, the court decided to strike down the entire claim, ordering Premier Parking Solutions Limited to cover our client's costs.
And just like that, Mr. Jackson Yamba proved once again why he's the star striker at Contestor Legal Services! ⚽🏆🎉