Hi Peter,
Much as I would like to help, I cannot by law become involved in assisting you to conduct your litigation, as I am not your solicitor. While arguably, casting an eye over your Particulars of Claim is not technically 'assisting', the fact that it would need to be done privately departs from the the purpose of the forums which is to openly provide generic advice about the law relating to copyright.
The Small Clains Track and Copyright infringment:
Re: The Small Clains Track and Copyright infringment:
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: The Small Clains Track and Copyright infringment:
Hi Andy
Yes I see the point and thank you for the advice, I shall hopefully be able to proceed once I receive this last statement and will as a matter of course keep you, and the forum abreast of future developments, I think that my issues are going to become more complicated once we move to the next stage, as I am unsure what the next step from -?- will be, time of course will tell, again thanks for your advice, always appreciated, regards
Peter
Yes I see the point and thank you for the advice, I shall hopefully be able to proceed once I receive this last statement and will as a matter of course keep you, and the forum abreast of future developments, I think that my issues are going to become more complicated once we move to the next stage, as I am unsure what the next step from -?- will be, time of course will tell, again thanks for your advice, always appreciated, regards
Peter
Re: The Small Clains Track and Copyright infringment:
You could try reading this which seems to be the only example on the web.
http://www.epuk.org/the-curve/the-infri ... ight-claim
http://www.epuk.org/the-curve/the-infri ... ight-claim
Re: The Small Clains Track and Copyright infringment:
Thanks for the link Atmosbob. I have taken a look and think I may need some serious time to read through it all, but I have already read a few interesting sentences, and hope that tomorrow when I have a little more time on my hands I shall read more that could assist me to create a relatively compact particulars of claim, I am being delayed at present by awaiting some other vital information and rather than rush and regret, I would prefer to get it right first time even if it takes a while, but judging from what I read of others experience of the IPEC it could take a long time to get matters resolved anyway. Thanks again for your advice, regards, Peter
Re: The Small Claims Track and Copyright infringment:
Hi Atmosbob & Andy
I followed the link and read the article in its entirety, and though it relates to photography, I found it interesting to be able to make comparisons with my own dilemma. Regarding my present situation I have finally arrived at a point where having written my third and final letter to the infringer (letter before action) the 14 days has elapsed and it has obviously been ignored, and as a result I have begun to complete my claim form to proceed to the IPEC. The particulars of claim has after writing and rewriting it several times runs to 3 A4 pages in its condensed version, and having taken Andy's earlier advice by beginning the content with almost a page that describes the origins, and all the related research that went into the creation of the five books, I then continued with by outlining all the evidence that I have against the infringer.
This now leads me to a number of questions that I need advice on. When I submit my claim form, and fee to the IPEC, is it wise to submit more than one form for sealing? I had intended to submit a total of 3. Do I send the additional evidence, including a written statement from a witness together with copies of examples of the infringing to the IPEC with the claim form? And if the answer to the latter is yes. Do I also have to serve these at the same time as the sealed claim form on the defendant? Finally can I personally deliver the sealed claim form through the defendants letter box at his home address as opposed to posting it? Apologies for all the questions, but having followed the thread of AnnH, I can see so many potential pitfalls looming with an awkward, and so far obstructive defendant.
Look forward to any assistance with my questions, kind regards Peter
I followed the link and read the article in its entirety, and though it relates to photography, I found it interesting to be able to make comparisons with my own dilemma. Regarding my present situation I have finally arrived at a point where having written my third and final letter to the infringer (letter before action) the 14 days has elapsed and it has obviously been ignored, and as a result I have begun to complete my claim form to proceed to the IPEC. The particulars of claim has after writing and rewriting it several times runs to 3 A4 pages in its condensed version, and having taken Andy's earlier advice by beginning the content with almost a page that describes the origins, and all the related research that went into the creation of the five books, I then continued with by outlining all the evidence that I have against the infringer.
This now leads me to a number of questions that I need advice on. When I submit my claim form, and fee to the IPEC, is it wise to submit more than one form for sealing? I had intended to submit a total of 3. Do I send the additional evidence, including a written statement from a witness together with copies of examples of the infringing to the IPEC with the claim form? And if the answer to the latter is yes. Do I also have to serve these at the same time as the sealed claim form on the defendant? Finally can I personally deliver the sealed claim form through the defendants letter box at his home address as opposed to posting it? Apologies for all the questions, but having followed the thread of AnnH, I can see so many potential pitfalls looming with an awkward, and so far obstructive defendant.
Look forward to any assistance with my questions, kind regards Peter
Re: The Small Clains Track and Copyright infringment:
Hi Peter,
You need to differentiate betwen the Particulars of Claim (which is what goes on the Claim Form N1), and the Statement of Case. The latter is the full details of the claim plus the background, any attempts to avoid making a claim etc, plus the remedies you are seeking from the court etc. The statement of case can be as long as is required, although be careful not to repeat yourself, as I am sure you have been when editing your statement. You only need one Form N1 to be sealed. Don't include any statements with the claim form or statement of case. All you need to do is provide sufficient evidence that you are the owner of the copyright (this is not, I think, disputed). For the purpose of this case a photocopy of the title page of volume one meets the requirements of Section 104. In your statement of case you can say something like 'I will produce statements from witnesses who can give evidence as to the events which took place at the meeting of ...'. This will show the defendant the type of evidence you have, without revealing the detail at this stage. You only need to serve the claim form initially, and the statement of case can follow. However if you have both prepared there's nothing to prevent you serving both at the same time. And yes you can serve the claim form in person (this is known as a personal service - see CPR 6). However in order to remove any room for a denial that service was performed, you should hand it to the man himself and not whoever comes to the door (she might be his cleaner!). Or you can send it by first class 'signed for' post.
Hopefully you will have now seen the successful outcome of Ann H's case, and that will spur you on!
You need to differentiate betwen the Particulars of Claim (which is what goes on the Claim Form N1), and the Statement of Case. The latter is the full details of the claim plus the background, any attempts to avoid making a claim etc, plus the remedies you are seeking from the court etc. The statement of case can be as long as is required, although be careful not to repeat yourself, as I am sure you have been when editing your statement. You only need one Form N1 to be sealed. Don't include any statements with the claim form or statement of case. All you need to do is provide sufficient evidence that you are the owner of the copyright (this is not, I think, disputed). For the purpose of this case a photocopy of the title page of volume one meets the requirements of Section 104. In your statement of case you can say something like 'I will produce statements from witnesses who can give evidence as to the events which took place at the meeting of ...'. This will show the defendant the type of evidence you have, without revealing the detail at this stage. You only need to serve the claim form initially, and the statement of case can follow. However if you have both prepared there's nothing to prevent you serving both at the same time. And yes you can serve the claim form in person (this is known as a personal service - see CPR 6). However in order to remove any room for a denial that service was performed, you should hand it to the man himself and not whoever comes to the door (she might be his cleaner!). Or you can send it by first class 'signed for' post.
Hopefully you will have now seen the successful outcome of Ann H's case, and that will spur you on!
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: The Small Clains Track and Copyright infringment:
Hi Andy
Thank you again for the helpful reply and I have to now disclose another twist in my dilemma, and that is that mornings post contained the recorded envelope together with its content, being my letter before action, which I have left unopened. It seems that no one was available to sign for it and as such the postman pushed a card through the letterbox making ??? aware that it was available for collection, but clearly as he would know by now from my two previous letters that were both recorded that I would have been the sender, so has chosen to sit it out and not collect it.
My next course of action is to reprint the contents of the letter, with a further covering letter letting him know what I suspect, and deliver it and post it through his letterbox myself, at the point of posting I will write on the fully addressed envelope delivered by hand, date and time it and then photograph it protruding from his letter box before pushing it through to fall on his mat.
I will retain the letter that I received this morning with its writing giving details of attempted delivery as further evidence. Now I must read the AnnH post, kind regards
Peter
Thank you again for the helpful reply and I have to now disclose another twist in my dilemma, and that is that mornings post contained the recorded envelope together with its content, being my letter before action, which I have left unopened. It seems that no one was available to sign for it and as such the postman pushed a card through the letterbox making ??? aware that it was available for collection, but clearly as he would know by now from my two previous letters that were both recorded that I would have been the sender, so has chosen to sit it out and not collect it.
My next course of action is to reprint the contents of the letter, with a further covering letter letting him know what I suspect, and deliver it and post it through his letterbox myself, at the point of posting I will write on the fully addressed envelope delivered by hand, date and time it and then photograph it protruding from his letter box before pushing it through to fall on his mat.
I will retain the letter that I received this morning with its writing giving details of attempted delivery as further evidence. Now I must read the AnnH post, kind regards
Peter
Re: The Small Clains Track and Copyright infringment:
All the court requires is a normal first class letter.
Re: The Small Clains Track and Copyright infringment:
Thanks for that, regards
Peter
Peter
Update:
Just to keep you in the loop, having received no response from my second attempt at serving my letter of claim, I finally completed my claim form, particulars of claim and statement of case and submitted them together with my payment on the 21st March, the claim form has now been duly returned to me dated and sealed the 25th March.
Together with the claim form I have received from the court a covering letter explaining the next step in the service of the claim, but am unsure which of the documents I am required to submit to the defendant when I serve my claim upon him personally, I understant that I have to print off the following
Part 8 Claim: N208C Notes for defendant, N210 acknowledgement of service.
Part 7 (Specified) N1C Notes for defendant, N9 Acknowledgement of Service, N9A Admission, N9B Defence and Counterclaim.
Part 7 (Unspecified) N1C Notes dore defendant, N9 Acknowledgement of service, N9C Admission, N9D Defence and Counterclaim.
I am unsure what the difference between specified and unspecified is and would welcome any advice.
Alos do I need to adopt any special procedure to serve the paperwork on the defendant personally at his home, as this is going to be the only sure way I will have of knowing he has received it, as thus far he has avoided all contact with me and does not acknowledge letters, as just proved by the two letters of claim being totally ignored.
I look forward to any guidance on the above, kind regards
Peter
Together with the claim form I have received from the court a covering letter explaining the next step in the service of the claim, but am unsure which of the documents I am required to submit to the defendant when I serve my claim upon him personally, I understant that I have to print off the following
Part 8 Claim: N208C Notes for defendant, N210 acknowledgement of service.
Part 7 (Specified) N1C Notes for defendant, N9 Acknowledgement of Service, N9A Admission, N9B Defence and Counterclaim.
Part 7 (Unspecified) N1C Notes dore defendant, N9 Acknowledgement of service, N9C Admission, N9D Defence and Counterclaim.
I am unsure what the difference between specified and unspecified is and would welcome any advice.
Alos do I need to adopt any special procedure to serve the paperwork on the defendant personally at his home, as this is going to be the only sure way I will have of knowing he has received it, as thus far he has avoided all contact with me and does not acknowledge letters, as just proved by the two letters of claim being totally ignored.
I look forward to any guidance on the above, kind regards
Peter
Re: The Small Clains Track and Copyright infringment:
Hi Peter,
Glad to hear things are moving forward for you.
The 'specified' / 'unspecified' bit refers to whether your claim is for a specific amount, or if you wish to leave this up to the court. In view of the flagrancy involved, I imagine your claim falls in the unspecified category. If in doubt about any of the paperwork you have been sent, just forward it all to the defendant and let him sort it out.
As for service, you can follow either option. First class post is deemed to adequate service, but if you live fairly near him and it's not out of your way, you could serve the claim personally. You can just put it through the letter box. Ultimately it amounts to the same thing.
Once that is done, the wheels are properly in motion although, as you will have seen from Ann H's experience, the pace is more milk float than F1 racing car!
Glad to hear things are moving forward for you.
The 'specified' / 'unspecified' bit refers to whether your claim is for a specific amount, or if you wish to leave this up to the court. In view of the flagrancy involved, I imagine your claim falls in the unspecified category. If in doubt about any of the paperwork you have been sent, just forward it all to the defendant and let him sort it out.
As for service, you can follow either option. First class post is deemed to adequate service, but if you live fairly near him and it's not out of your way, you could serve the claim personally. You can just put it through the letter box. Ultimately it amounts to the same thing.
Once that is done, the wheels are properly in motion although, as you will have seen from Ann H's experience, the pace is more milk float than F1 racing car!
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: The Small Clains Track and Copyright infringment:
Thank you so much for the advice, I thought as much, but just wanted confirmation that I was in the unspecified category. I will print off the necessary documents and put everything together and then make arrangements to hand deliver them to the defendant, who I am afraid would probably, given his previous form, not acknowledge and quite possibly deny ever receiving the papers either in the post or posted by myself through his letter box.
Having served the papers on him, do I have to notify the court of my actions? Or is it then a case of the ball being solely in the defendants court?
And yes, I am so very conscious of the potentially long drawn out process, I followed the thread of AnnH, and was so pleased that in the end it worked out as being worthwhile, it was the spur that I also needed to keep on, as there were times when I really wondered if it was all worth it, but I feel that I am now seeing a possible glint of light at the end of that very long tunnel, may I again thank you for all your most helpful and reassuring advice, kind regards
Peter
Having served the papers on him, do I have to notify the court of my actions? Or is it then a case of the ball being solely in the defendants court?
And yes, I am so very conscious of the potentially long drawn out process, I followed the thread of AnnH, and was so pleased that in the end it worked out as being worthwhile, it was the spur that I also needed to keep on, as there were times when I really wondered if it was all worth it, but I feel that I am now seeing a possible glint of light at the end of that very long tunnel, may I again thank you for all your most helpful and reassuring advice, kind regards
Peter