Sarajane v Barclays -Mercantile court allocation - then ***WON***

[MARTIN3030]

Thank you for that Sara......its for my own reference

[tigger26]

Now they're playing dirty .

I've just rang Meday court as I haven't heard anything since filing the AQ. The lady has informed me that Barclays have managed to get the case transfered to Central London court .
Apparently as their solicitors are based there, they are entitled to do so.

Is this something to get worried about or do I ask for the case to be returned to my local court .

I've not got the paperwork from the Courts yet but the lady at Medway has given me all the contact details.

Advice needed please :o

[tigger26]

OK, the postie has been & I have a General Form of Judgement Order that states

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

It is ordered that

Transfer the the London Mercantile Court to be put before HHJ Mackie QC

This is dated 24 August.

So I have until 7 September to do something - HELP PLEASE

[tigger26]

"So I have until 7 September to do something - HELP PLEASE "

Just had a thought - do I write to Medway Court asking for it to be transferred back there due to costs of me getting to central London, etc., etc.,

Any thoughts please

[Mrs Charlton]

Sorry no advice, hopefully a mod will be along shortly, have you pm'd anybody with a link to your thread? If you only have a couple of days to get this sorted then I can imagine how stressed you must be. I can't believe they would just up and move the case away from the Claimants local court!!!

[tigger26]

Thanks Mrs C

Only slightly stressed - you know, kids going to new schools tomorrow, making sure everything is present & correct, nearly forgot to buy season ticket for eldest, ahhhhh!!!

I'll try pm'ing in a mo.

[Mrs Charlton]

Yeah they pick their moments to give you a deadline eh? I think this is irregular so hopefully someone more 'seasoned' then myself can advise you, I'm sure they won't mind considering the tightness of the deadline. Good luck chick, will keep an eye open see how you get on.

[caro]

I have asked BankFodder to take a look at this. You obviously are running out of time to act. The bank has far more resources than you for travelling, and you obviously need to consider children getting to and from school, child care etc, so this seems unreasonable to me. Have you found out from the court how to go about getting it moved back? Does your letter not tell you how to appeal this if you do not agree?

[jonto81]

You may also point that you are an individual with far less resources at your disposal than a large multinational company who has representives in your area as well as london, and that this move only assists the banks in their attempts to make people give up on their claims

[tigger26]

Thanks for looking Caro - I'm gratefull, but no, nothing in the letter other than what I quoted earlier on, that I have 7 days to make an application to have it varied, set aside or stayed.

I think maybe a letter to my court would be a 1st step - do you think?

[caro]

I think it is rather late for a letter. At the bare minimum a phone call to find out what to do, but preferably a visit so that you can complete any necessary paperwork there and then. You need to know why the court has taken this action, and why the mercantile court? I might be wrong, but I thought the Mercantile Court dealt with business claims, which I don't think your case is.

[tigger26]

Just an update

With Bankfodder's generous help, a letter marked Urgent for the request of a set aside of the Order was handed into the local Court today.

Just have to wait to hear what District Judge Green has to say now.

[Mrs Charlton]

Good luck SJ, was wondering what was happening, glad to see you got some help

[tigger26]

Well, I never heard a dickie bird from local court.

I got a letter from Mercantile court on 14th, giving date of Case Management Conference for 2nd October.

Again, Bankfodder helped me draft a letter back to Medway to the Judge asking why my apllication for a set aside was not considered & I had a reply from a Clerk in yesterday's mail, saying they are waiting for the Judge's response. :o

So, a letter has been drafted to Mercantile Court London, again with Bankfodder's assistance & Twinkle , stating I'm an individual, etc etc, and asking for the banks to make full disclosure & that'll get sent recorded tomorrow.

Just out of curiosity what is a Case Management Conference?

[Number6]

Originally Posted by sarajane

Just out of curiosity what is a Case Management Conference?

I haven't read and understood it myself yet - too many things to do! But here's some raw information for you in the hope it might be useful to you or others.

D. Case Management in the Mercantile Court

D1.2 Multi-track. While all mercantile claims are allocated to the Multi-track, in
practical terms, if the claim is less than £15,000 (see B3.3 above), the Mercantile
judge may well transfer the claim to the County Court allocating the same to the
fast track or give directions more akin to those which would operate under the
Fast-track regime.

D2. Key features of Case Management. Not all of the ten key features apply or
apply with the same rigour where Case Management is in the Mercantile Court.
Thus:

(1)(a) the Case Management Information Sheet should be
substantially in the form set out at Appendix A thereto.

(2) it is sufficient that there be a simple non-controversial
concise List of Issues prepared by the Claimant. It is not necessary for
that to be exhaustive or even for it to be prepared in consultation with
other parties. It is sufficient if the List provides a general idea of the
principal issues in the case.

it is not mandatory that there should be a formal Case
Management conference by way of a hearing, and in a straightforward
case it should be possible for the parties to avoid the need for attendance
by submitting agreed directions in advance. Where such course has not
been taken, the parties may be visited with an adverse costs order.

-- Whether agreed or not, by (2)(b) the Claimant or other party
applying for a Case Management conference must file and serve a draft
order substantially in the form set out at Annex B thereto, setting out the
directions which that party thinks appropriate. The Court is not obliged
to accept agreed directions and may alter them. It should be noted that
in any event the Court may as part of its general Case Management power
make an order of its own initiative and dispense with attendance. In
either case any party objecting to a direction which has not been agreed or
proposed by that party may apply within 7 days of receiving the order that
it be varied or revoked.

-- Even where a Case Management conference does take place by way of
a hearing, while desirable, it is not necessary that attendance should be by
the advocates retained in the case; it is enough that there be attendance by
a legal representative familiar with the case with authority to deal with any
issues likely to arise.

D3. Fixing a Case Management Conference.

D3.4 Time for application. If proceedings have been transferred to the
Mercantile Court, by PD59§7.3 the Claimant must apply within 14 days of
receiving an acknowledgment of transfer from the Clerk to the Mercantile
Court, unless the transferring Court itself held or gave directions for a
Case Management conference when it made the order transferring
proceedings.

D4. Case management system.

There is no formal system for team case management applicable to the
Mercantile Court, Birmingham. Ordinarily the Court will endeavour to
list any case management conference and all applications before the judge
who it is anticipated will be the trial judge. The permanent Mercantile
Judge at Birmingham is currently Her Honour Judge Alton. His Honour
Judge McCahill QC also sits from time to time as a judge of the
Mercantile Court. In addition the Court operates a Shared List system
pursuant to which trials may be given a fourth or fifth fixture and be heard
by any of the Specialist Judges ticketed for mercantile work including His
Honour Judge Norris QC (Chancery) and Her Honour Judge Kirkham
(TCC). Details of the Shared List are set out in the attached appendix.
Consideration as to whether a case should be placed in the Shared List will
generally be given at the case management conference.

D5. Case Memorandum

As set out under D2 above, there is no need to prepare a Case
Memorandum for claims in the Mercantile Court.

D6. List of Issues

As set out under D2 above, it is sufficient that there be a simple List of
Issues. If it be suggested that there be a trial of a preliminary issue, the
parties should seek to agree whether costs should be in the issue or in the
case.

D7 Case Management bundle

D7.2(iii) Case Memorandum. See D5 above.
D7.5 Revision and upkeep. The Case Management bundle should be
revised from time to time, but in cases in the Mercantile Co