Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Quote Originally Posted by SuperVillain View Post
    ADR is a good idea, but if they are unwilling, they just have to show the Court that ADR was inappropriate in the circumstances, (possibly saying that for a 3k claim the costs of ADR are disproportionate).
    Quote Originally Posted by dondada View Post
    ADR is always cheaper than the Court so anyone would have difficulty convincing the Court of otherwise.

    Even if your statement is found to be true (a big doubt) the Court would alway prefer things are settled outside.
    The Supreme Court disagreed. SV's statement paraphrased their judgment well.

    "That factors which may be relevant to the question whether a party has unreasonably refused ADR will include (but are not limited to) the following: (a) the nature of the dispute; (b) the merits of the case; (c) the extent to which other settlement methods have been attempted; (d) whether the costs of the ADR would be disproportionately high; (e) whether any delay in setting up and attending the ADR would have been prejudicial; and (f) whether the ADR had a reasonable prospect of success."

    http://www.bailii.org/ew/cases/EWCA/Civ/2004/576.html

    http://hsfnotes.com/litigation/2004/05/14/2945/

    ADR usually being the better option : yes.
    ADR always being the better option : no.
    There is a "reasonably considered" decision.


  2. #22
    Basic Account Holder dondada Novitiate



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    Default Re: Judge incorrectly transferred case to another court

    Quote Originally Posted by BazzaS View Post
    ADR usually being the better option : yes.
    .
    Like I said earlier; I hope the OP has his day in Court in the proper track

    I just pointed out other options if things don't work out.

    I will NOT respond to this issue again so as not to hijack the thread.

    Thank you


  3. #23
    Basic Account Holder SuperVillain Informative SuperVillain Informative SuperVillain Informative SuperVillain's Avatar



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    Default Re: Judge incorrectly transferred case to another court

    Quote Originally Posted by BazzaS View Post
    The Supreme Court disagreed. SV's statement paraphrased their judgment well.

    "That factors which may be relevant to the question whether a party has unreasonably refused ADR will include (but are not limited to) the following: (a) the nature of the dispute; (b) the merits of the case; (c) the extent to which other settlement methods have been attempted; (d) whether the costs of the ADR would be disproportionately high; (e) whether any delay in setting up and attending the ADR would have been prejudicial; and (f) whether the ADR had a reasonable prospect of success."

    http://www.bailii.org/ew/cases/EWCA/Civ/2004/576.html

    http://hsfnotes.com/litigation/2004/05/14/2945/

    ADR usually being the better option : yes.
    ADR always being the better option : no.
    There is a "reasonably considered" decision.
    Thanks Bazza.

    Quote Originally Posted by dondada View Post
    Like I said earlier; I hope the OP has his day in Court in the proper track

    I just pointed out other options if things don't work out.

    I will NOT respond to this issue again so as not to hijack the thread.

    Thank you
    I think it will be a while before we hear from the OP regarding his application.

    Incidentally the 450 claim against my client was a road traffic accident, liability in dispute, and some digging threw up issues of latent defects in a product (the cost of which, was the claim being pursued), lots of chasing of the other side, them not understanding the issues compounding the correspondence volume (they were insurer panel solicitors), back and forth with the client, advice from barrister, representation at the small claimsicon hearing... VAT on the disbursements. The costs quickly rack up.

    As long as a Client is happy to spend the money knowing they won't get it back from the other side if they win, then it's worth properly fighting claims that you have a chance of winning.


  4. #24
    Basic Account Holder Tim noise 99 Novitiate



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    Default Re: Judge incorrectly transferred case to another court

    ok so the county courticon returned the application i made there (I challenged their decision as they transferred to wrong court)
    They said the file is with IPEC and the application has to be made from them.

    Havnt heard anything yet from the application I made to IPEC

    FYI The claim was for 3000, the defendant made an application to strike out the claim as it has "no real prospect of success" and is claiming costs against me of 3000.



    Now the defendant rejected Mediationicon at the county court, they refused to communicate with me and ignored me at every opportunity. Only AFTER the county court hearing did they respond inapproriately by attackign me personally about an alleged affair with one of their employees in the workplace and threatening to tell my alleged partner!!! they then offered me 5 compensation to settle the case (the judge said he didnt know what the claim was worth if anything it may only be a nominal 5 he didnt know - obviously they paid attention to that comment!)


    As far as I am concerned the defendant has acted inappropriately from the outset and the costs and court action incured has been a result of their actions and not mine. Am I right in saying costs will not be awarded if they have acted inapproprately?

    really appreciate help on this and how I go about pointing this out!


  5. #25
    Basic Account Holder Tim noise 99 Novitiate



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    Default Re: Judge incorrectly transferred case to another court

    Quote Originally Posted by dondada View Post
    Hi,

    Just a little advice

    If it is not accepted that the claim is allocated to the small claimsicon you could consider asking the other side for Mediationicon.

    They would be extremely foolish to ignore Alternative Dispute Resolution.

    In particular, when the Court tend to award cost against anyone (even the winning side) that refuses ADR.

    It is illogical for them to use 10,000 to defend a 3,000 claim.

    That, to me proves the merit of your case.

    Point that fact to them and tell them you would seek detailed assessment of their fees.

    Most importantly, you would question their choice of solicitors.
    how do I go about applying or asking for ADR ?
    I believe they already rejected Mediationicon ?


  6. #26
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    Default Re: Judge incorrectly transferred case to another court

    ADR : Alternative dispute resolution, of which Mediationicon is but one 'flavour' ; albeit the most common overall.
    (Some businesses have a different form of ADR as the most usual ADR, often determined as such within the standard contracts....
    So, shipping and Construction will often use arbitration)

    If this is a case for alleged breach of copyright there may well be no contract between you : so nothing to stop you proposing Mediationicon.
    If they have rejected your proposal for mediation, you don't have to try any of the other forms of ADR (if they wanted one of the others instead they could have offered it).
    If you want to you could write, again offering mediation (or asking if they had a proposal for any other form of ADR), but you don't have to.


  7. #27
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    Default Re: Judge incorrectly transferred case to another court

    para 7.12 in that guide, re small claimsicon.
    if it is reallocated to small claims, there may be another oppo for Mediationicon. depending on its reallocated stage and any subsequent directions re.
    otherwise there cld be an oppo to apply for a stay for settlement, on agreement with the other party. or on the J's direction.
    otherwise, cld just try to settle via formal correspondence prior to any hearing
    ?
    check with the guys

    IMO
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  8. #28
    Basic Account Holder dondada Novitiate



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    Default Re: Judge incorrectly transferred case to another court

    Quote Originally Posted by Tim noise 99 View Post

    they then offered me 5 compensation to settle the case (the judge said he didnt know what the claim was worth if anything it may only be a nominal 5 he didnt know - obviously they paid attention to that comment!)

    Did you respond to the offer?

    It is a part 36icon offer and you need to respond.

    You need to state what you are willing to accept and it has to be reasonable

    "Reasonable" means using some form of calculation rather than picking a number from the sky

    Like BazzaS said, you could ask them for ADR again

    I would say, when you do, state that you would ask the Judge to consider it unreasonable behaviour if they fail to engage.

    Also, try and highlight their unreasonable conduct at every occasion.



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