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conflyer

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  1. I received an Order from the court, just the hearing points really Upon hearing for the claimant and the defendant in person, It is Ordered that 1. The claimant has permission to rely upon the report of XX attached to the application dated ZZ. Service of the report is dispensed with. 2. List for trial on the first available date after 8 weeks, estimate 2 hours - notice to follow. 3. The costs of the application be in the case. It appears there was a backlog of a month between the order date and the date posted. I anticipate the trial may be months later, based on the court's history but it may well be sooner. Eitherway my Witness Statement draft is complete, I just need to index exhibits/evidence and iron out some details. The other party is aggressively pushing their old position pre-claim as a negotiating stance. Same offer for correction works as goodwill , refuse to sign any terms into a consent order and expect me to pay all remedial damages! Oh and they want me to forget all the time loss and costs, so they can forget their counterclaim Settlement offers rejected as a "threat", they just want to go on trial. no words to say.
  2. I had the application hearing today, the report was accepted in a brief hearing. The judge was fairly uptight but probably trying to come across balanced. They asked the Def if they objected to report admitted and said they did not ( but they personally told me outside they plan to contest it at trial as it means nothing to them) The judge admonished the Defendant for not filing the material with a Witness Statement. The director did not appear to understand the process and indeed walked in for a full trial with bundle. However things got a bit complicated, the judge asked for a recess and instructed parties to enter negotiations again using a room at the court for half hour. With a view to find a middle ground and save on having the future trial. This has confused matters for me as I did not t expect to speak with the Director in person. Given the circumstance, I did not want to come across as an uncooperative party to the judge, there wasn't much latitude for talking and it would likely work to my detriment if I objected. The judge went on lecturing for a bit, they said we may both have set out our cases and feel confident about the grounds but he is the one to ultimately decide. If this proceeds to trial either of us could win or lose their case and/or suffer costs. I am not sure why they said this and instructed to negotiate again, fairly sure they would not have time to read the entire bundle of the Defendant. As we fell out with the other side 1.5 years ago and months of pointless emails, I could not see the point. We discussed on friendly tones but agreed that we disagreed. They still won't admit error and came back with the same "goodwill" proposal, to move the system but not make good after. They propose to visit with their own builders to quote/quantify a better rate than our claim. Their key argument is that our builders overseeing the project should have notified them of the issue before finishes were applied around the doors. There may be some merit in their argument but I don't see how to escape "liability" of fitting the product as per contract in the first place. It will be up to the judge and may award some costs. I explained to them it sounds unreasonable to allow their return after 2 years of dispute and 1 year in court, accepting to pay a builder they propose on top. In any case, I do not want to appear as not genuinely trying, this will go on record and trial costs may be affected. Even if we somehow entertained this idea it entails some serious implications to future disputes or the Claim. I cannot imagine anyone accepting this but I don't know how the judge will see this. One thing was clear, that they are acting out of spite and have no issue going forward with trial. I am fairly sure they do not bother because the cost of the claim is small to them as a company. Last they proposed if I withdraw the Claim they will be withdrawing the Counterclaim. That would take us back in the same place as 1 year ago plus my costs for court and expert and infinite wasted time... We were called back in the courtroom and informed the judge that more time is needed to discuss if we can resolve. The judge provided 8 weeks after which they will arrange trial. I am not sure what order will come out in the post.
  3. Thank you, I have taken note of this. At this point I cannot see why the case should be disposed off at a trial and mount up more costs. The company bundle discloses their own surveyor notes, showing the height dimensions agreed on contract which is what I supported all along. Also hand written notes denote the intended manufacture height. They clearly demonstrate error for the actual fitted system against those notes and the agreed contract. I feel they have wasted an enormous amount of my time. Any thoughts? Action forward? The company is exploiting the poor court service to drag its feet on the case for months. The case trial could be set many months away. Application hearing is tomorrow any tips most welcome. A bit nervous on presentation skills and the poor reviews about this court.
  4. Thank you for the feedback and mostly for engaging in this endless case. While discussing the matter, this may have slipped through in my earlier post #169 no.2. The director's letter filed with the Court states that "the claimant's name email wording on XX date is borderline blackmail" and continues with further points attacking my personal character and motives. I am not sure if they understand what they are suggesting but to my understanding this is implying a criminal allegation in a document addressed to court. It is also referenced "enclosed" in the Defence form signed by a Statement Of Truth. Any thoughts on this and if to bring up with the judge?
  5. I agree it has taken forever for Court to set dates and the case is never ending, which is inconvenient and stressful. The App. Hearing letter did not ask for anything further. The only thing is my letter last April asking the Defendants to share the documents they referenced in their Def & CC, to which they did not respond. They have either confused the scope of the hearing or served a bundle prematurely assuming they can bring up the whole case. Eitherway, it is now apparent their line of argument is nasty and misleading. My WS are approximately 8 pages long with some exhibits plus the report. Would it still be good practice to submit a Draft Skeleton Argument with Court Timeline and points relating to report and Defendant bundle about the App. Hearing?
  6. For the Draft Skeleton Argument, it is difficult to bring up a point e.g in the Defence statements and only rely on the Defendant's bundle, which so happens to have 0 photographic evidence (I wonder why) Can I present any evidence or best to simply stick Skeleton Args highlighting my Application points and only the bundle issues. I want to prevent this from turning into a mini-trial with a premature draft WS. Sorry to pester with post, just very limited time to write in two days.
  7. Can I present my costs at the end of the Application Hearing? And what sort of costs can I prepare to show or is it too late? e.g -income loss for attendance - (I am a contractor on fixed rate) -travel expenses -expert report cost(may be asked to show invoice anyway?) -legal advice fees (if any ever, I know at the judge's discretion) For the Counterclaim there isn't really a structured statement to argue , it is merely a list for costs and projected income loss. From what I gather this is not normally done with a CC as no money is owed to the Defendant. It forms part of the same Claim matter, so if I understand correctly they ought to present "costs" at the end of the Case trial and not as a CC. As they now submitted this bundle I want to bring it up at the hearing, hopefully the judge may consider and dismiss.
  8. Thank you Andy (and Happy New Year!) Hearing is 14 Jan Tuesday, to comply filing/serving 3 days pre hearing the latest to put into post is on Wed 8 Jan by Special Next Day delivery to be deemed filed/served on 9 Jan (please correct if wrong on time - I deem 3 business days excluding the hearing date). As material is voluminous and time is limited, I want to narrow down what is reasonable to address or leave out, what evidence to include... Last Dec 2019 I rang the Court and asked permission for a SWS. This was about my earlier posts to add the LBA and Def reply disagreeing to an independent survey or evidence. The operator probably asked a judge and then came back saying they will accept as long as it is before 14 days from hearing and served to Defendants at the same time. So this SWS was served. Can I now add a further SWS or draft skeleton to address the new information about the Def served material? If yes, what points would be reasonable to address in the SWS? Does it amount to early disclosure on my part a botched up WS pre Case Hearing? It is unclear why docs "enclosed" in Def & CC were never served by Northampton, they said to me these were never filed by the Def. So it transpires the local Court should not have them either. If that is the case really, then the numbered Defence should not be accepted. If not, how can I find out or prove they were not filed? Do I have to address the Defence points and CC for this hearing now? Note I sent a letter to the Def last April 2019 asking for these docs which was ignored #169 no.1 Is it good practice to take the entire case docs with me (3 copies of everything), evidence, photos etc along at the Hearing? Could the judge decide to open up the entire case at the Application Hearing?
  9. The more I look into the documentation the more dependencies I am finding. The Defence is just numbered but ignores the PoC statements, they have left some emails out in communications (intentionally it appears) and they are presenting a completely different story and order to the facts of how matters progressed. It is rather appalling...
  10. Hi, We are just over a week away from the Application Hearing and I would very much appreciate your help. I filed and served Witness Statements to court and defendant respectively on the same date, "deemed" served 2 days before the 14 day period in the court's letter. It appears that they were closed until 2nd January and then immediately posted back an entire pack of documents on the same day, 3 days late into the 14 day period. Special delivery next day, posted 2nd Jan, hearing is on 14th Jan 2020. The pack seems to contain the entire case, i.e all sorts of documents but there are no Witness Statements or even a letter introducing the material. Just an ordered bundle. It either appears they do not understand the purpose of the hearing or they plan to bring up the entire case at the application hearing? Court docs - e.g claim and their defence/CC Numbered Defence statements apparently addressing the PoC? Letters addressing the court manager All communications Counter Claim, just A4 paper listing day rates in "£" for sales staff, e.g director day rate, site visit time, court attendance/day, emails and "loss of sales time" figure of £10k Drawings of measurements they never shared before** (see 4. below) I need to read through the material a bit more but at first glance there are some serious issues, 1. There is a letter dated Nov 2018 that appears as a numbered Defence statement (addressed to the court manager). The is also a Counterclaim, just a list of day rate figures per staff, not numbered or dated or signed. The Northampton County court did not serve these documents to me. I rang them (Nov 2018) upon receiving the Counterclaim and they were adamant that no further documents were filed by the Defendants. Hence my Counterclaim defence at the time, https://www.consumeractiongroup.co.uk/topic/409862-bifolds-fitted-at-incorrect-floor-level/?do=findComment&comment=4951987 I have to raise serious concerns if the County Court for the hearing has these documents but they were never served to me. Also I wrote to the Defendant last year, in April 2019, asking for for these documents clearly (confirmed recorded delivery) and they ignored my letter. So it is questionable that these documents are now presented as filed. 2. In their letter to court they use the words "borderline blackmail" about my email communication to settle, instead of accepting their proposal. i.e to agree to damage my new built extension to refit the system as "goodwill" and myself cover all the remedial damages to the building. They also say my "intentions are not genuine and just looking to make money from companies". If you could read these arguments you would be shocked at what they are attempting to suggest. I am not sure what to make of all this, the emails are also included so I am presently struggling to understand where the defendants believe they are going with this. 3. Their material is served late to my understanding? It would require hours to read in court or even present without Witness Statements, so how can they bring this in? 4. **To my surprise the hand drawings of their surveyor contain a figure of dimension that I brought up many many times in our communications and they never accepted i.e justifying my case. Again, their wording in the letter is twisting, it never addresses the heights agreed for the bifold system which reinforces my view that the expert report is absolutely necessary. Last there is no single mention of the expert report that I served them. Would I need to prepare a supplemental Witness Statement to cover for all this now? I could but time is very limited and I can't see how they can bring up all the case at the hearing.
  11. Thank you! This is really good news while lost in the mind boggling CPR
  12. I am posting this as a separate thread because my existing case thread is far too long and ongoing but also because this is more urgent. There is some confusion for the litigant in person about serving documents (not a Claim in this case) and when docs are "deemed" served. I am in a situation where the defendant may argue late service. I have an Application Hearing on 14th Jan 2020, the court sent a letter a few months back about the hearing date only. Following a brief letter with questions from my end, they replied that I should file/serve evidence no later than 14 days before the hearing. I didn't want to send the documents out too early and may have inadvertently ran dates down to the wire while finishing up some details. The issue: I posted docs on 26 Dec 2019 before 4pm with a signed-for service, to both the court and the defendants. I set Tuesday 31 December as the absolute last business date that docs should be "deemed" served, so the last date of posting would be Friday 27 Dec. Until this point and being overcautious, I have had no issues with letters signed by the defendant (a company address) or the court. I understand someone may argue a 1st class with proof or tracking service may have been sufficient. The Court received my letter on Monday 30 Dec, but, for the defendant the tracking service shows "10:41am we were unable to deliver this item at 30-12-2019 as the address was inaccessible". It may be that their office is closed for the festive season or the postman could not enter or obtain a signature. It still forms a record of attempted delivery on that date/time. Unfortunately I cannot possibly know and it was too late to personally deliver the documents. On a side note I have also not received anything from the defendant for the hearing. The problem is the interpretation of "deemed service", something I did not want to have contested by the other party. Reading CPR 6.26 I cannot tell if the letter is deemed "served" i.e proof of postage shows time/date and Defendant's address and 1st Class postage, but also has an additional "signed-for" service. Or some could argue the defendants were not "served" 14-days before the application hearing because the letter did not go through their letter box. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.26 6.26 A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table – 1. First class post (or other service which provides for delivery on the next business day) The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. The confusion here is that CPR wording suggests a document "deemed" served once it goes into the postal service. It does not address issues like letters being lost, access to an address or a signature. For example the letter could be placed through the letterbox but nobody would have looked at it till the 2nd of January. https://www.lawgazette.co.uk/benchmarks/calculation-of-time/5041273.article " Calculation of time is rarely based on when a party actually receives something. It is normally based on when a document is deemed to have been filed or served." I just want to know how to handle this going forward, if the judge could penalise or affect the hearing date, as I did not expect this and hearing is important and took really long for court to set dates.
  13. The report has been served to the other party with the PoC. I did not expect the court to take so long, would I need to serve it again for the Application Hearing or not? Also, Part 35.6, questions were not raised by the other party https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35 35.6 (1) A party may put written questions about an expert's report (which must be proportionate) to – (a) an expert instructed by another party; or (b) a single joint expert appointed under rule 35.7. (2) Written questions under paragraph (1) – (a) may be put once only; (b) must be put within 28 days of service of the expert’s report; What is considered the "service" date?
  14. Thank you, This? (3) A witness giving oral evidence at trial may with the permission of the court – (a) amplify his witness statement; and (b) give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.
  15. Is this just to "inform" and not seek "permission" then? In practical terms, I will have to send the application/Witness Statement to the other party anyway (no later than 14 days to hearing). Do I then, also need to "inform" of the further statement prior to that submission?
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