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conflyer

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  1. Ok , the groundless bit was on the CC. The point is for the court to consider reviewing whether Defence/CC has any merit and order to review the technically already disclosed documents. The basis is that CC for 'loss of business time' has no legal grounds. Similarly the hand written defence goes along the lines of "we did nothing wrong and everything is done right ". These statements do not form substantiated defence nor reply to any Particulars of claim. Unless the "disclosed" documents demonstrate compelling evidence to support such poor statements, it would benefit everyone to review that now rather than later. Of course this would have some value if it didn't take 4 months to have a reply from the court...
  2. Yes, no disagreeing in that which is why it subjects to CPR27.2(f), so it would be up to the court to make the order but worth a shot as the defence is groundless and it would save hearing time. On the second matter, is it worth considering a transfer to another court or formal complaint?
  3. Apologies, I meant to type Part 18 alternative to CPR 27.2(3). This is an application for an order to the defendant to disclose documents central to their defence/counterclaim statements early in the process. The point being that defence is rubbish and court, following CPR 1 to resolve the case promptly and limit costs, would probably consider this - if it was functioning. But if a hearing for a measurements report is scheduled for 2020....god help. I won't mention the name of the court but the service has been extremely slow and poor. I am not sure whether it's worth filing a formal complaint or moving the case to another court if possible?
  4. I was hoping that I was CPR18.3 would perhaps engage the court's overriding objective to limit case costs and at least request the defendant disclose the (non-existent) evidence for the bogus counterclaim, potentially having it struck out. But the situation is at the moment extremely disappointing. Not only I have no hearing date but also been chasing up the status of the case after 3+ months. They don't answer phone calls anymore and emails go without reply for over 15 working days. Great service and then I received a basic letter stating that a hearing is "set" for (cough) the application alone on Jan 2020!! I wonder if anyone actually looked at the application and if the case hearing will take place in 2030, when the company has probably ceased to exist
  5. Thanks again Andy. Unfortunately claim was already been allocated SCT (about a month ago - a few posts back) which is why I got confused with some sources suggesting Part 18 applies. So how can I request the documents disclosed in defence as "attached" before a hearing disclosure?
  6. Thank you. I need to add costs as the judge is very likely to take that into consideration, but doing so in a meaningful way. The report cost is based on a rate at the time of commission, the rate changed a few months later and new instructions will be more expensive. Is it sensible to add the original quotations and the basis of mitigation, as well as the new rate in the unlikely event they are instructed again? And for the 2nd part of #126 above, I have read some contradicting information on Part 18 request for documents. Some suggest that Part 18 can be used but it is my understanding Part 18 does not apply for SCT under CPR27.2 and only the court can make further info requests?
  7. Thank you, this is extremely helpful. I am certainly not in position to say I know how to draft an order, only a guess, "The applicant seeks permission to adduce expert report into evidence pursuant to CPR 35.4 " Is it appropriate to add this line on N224 'Section 3' without a separate Draft Order page or should it be explicitly attached? Some considerations about the process, The report lists an index referencing the material it was relied upon and communication to the expert, it also contains all CPR 35 pursuant declarations by the expert. It does contain a summary of the case albeit not adequate in my view but most importantly contains clear sections of measurements, contract and conclusions. The question, does it have to be accompanied by all the material referenced for this application? Because that would amount to the entire case material. Secondly by submitting the N244 application does it have to be "served" to relevant parties i.e defendant in this case?
  8. Thank you for the links, both very useful and I have come across the PDF in the past which I keep as a general expert guidance. I believe I got the gist of the points in the link and overall CRP 35 directions, within the context of a small case as mine or perhaps I missed something you are trying to point out. But I am also looking to understand the practical side i.e how to put through an application for permission on N244 and relevant material. Since I am only looking for permission to adduce the existing report it makes it somewhat of a chicken and egg situation. Of course the case is not exclusively relying on the report but it makes it stronger and I would like to include it. Would it be possible to break this down a little as I may be assuming more work than necessary?
  9. I would appreciate some help with this. Since time is fairly limited by the court letter and I am not certain of the volume to be submitted. I am not entirely sure if this is standard procedure for small claims but appears the way court wants the request to be made. What I gather, I need to complete N244 and attach draft order and witness statement does this require a hearing? draft order pursuant to CPR 35.4? This is not exactly an order, what else should be included? witness statement - outline the same reasons as in my previous letter for the scope and requirement of expert report evidence - this is the most ambiguous part, is the report to be submitted with evidence or ONLY evidence to support the reasons why the report is necessary? fees £255?? Many thanks
  10. I have two questions below, 1. I have just received a letter from the court with instructions re: expert report permission request, "If the claimant wishes to rely on expert evidence, he must make formal application on form N244 supported by evidence, to be filed and served by XX April" I don't fully understand the response or process here. It was my understanding N244 is for specific orders, is this is standard procedure? Does it mean the report needs to be submitted with full evidence and a witness statement, for potentially a separate hearing to be arranged before the main hearing? And what order/information should be included in the form in this case? (more fees...) 2. CPR Part 18 for further information Can I make a request Part 18 for further information with regards to "missing" documents disclosed as attached under the other party's defence and counterclaim?I have also read this request is used for asking questions for clarification to another party.
  11. Well of course, I was not suggesting any comparison. As with previous links on more serious cases discussed, there was an interesting reference to CPR35. Perhaps the interpretation was a long shot:) Further I received communication from mediation that both parties agreed to proceed. But upon contacting them I was informed the case will proceed to a hearing as the other party did not meet the criteria for mediation i.e compromise or negotiate, and that mediation is closed. Clearly the other party has been acting out of spite, ticking boxes to satisfy court requirement but with absolutely no intention to settle. It is unfortunate that this information cannot be used in court and the fact the party did not actually entered mediation at all. I am awaiting a hearing date to be set and the court response to the expert evidence admission.
  12. Thanks again. CPR 35.4 (2) When parties apply for permission they must provide an estimate of the costs of the proposed expert evidence and identify... The quoted rate of the expert was included under DQ. However I don't understand if this implies the final cost of the report itself which of course exceeds the allowable cost (any report would). I presume the allowable recoverable cost is a limit and not necessarily defining the admissibility. I came across an interesting read on "evidence of fact" that does not require permission, https://www.dentons.com/en/insights/newsletters/2017/april/6/uk-construction-briefing/uk-construction-briefing-spring-2017/experts-review It may be a very loose interpretation but factual measurements from an expert is not something that would require permission? Their opinion or conclusions would be.
  13. Thank you. Since the report is crucial to the case to determine issue, liability and damages, I want to ensure enough information is detailed for proper consideration. On the other end courts review hundreds of cases with limited time so information has to be succinct to avoid being overlooked. Other than obvious reasons would it be appropriate to include in the letter information of steps taken before acquiring a report? i.e contacting approved glazing experts, contacting expert surveyors and finally notifications to the defence about providing evidence and agree to independent assessment, all of which they refused. Regards
  14. I have received allocation to the SCT followed by a set of instructions/orders. The information appears a little generic but there are a few points raised below. The first thing on the notice is that a hearing date is not yet set, "The hearing of the claim will take place on a date to be fixed by the court." This is followed by a statement that the case is suitable for mediation and service needs to be contacted within 7 days of receiving the order. Statements make reference to Part 27 CPR and an estimate of the hearing. "From the available papers, it is estimated that the hearing will take two hours. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately." I am not sure this is adequate time if evidence and statements are all going to be examined during the hearing, but I anticipated the hearing would last somewhere between 3-4 hours. If the documentation has been reviewed in advance then 2 hours may be sufficient. The next part is a number of "Directions" about documents and witness statements, when they should be sent etc. The part I have focused on is the expert evidence. It is not clear whether this is just a generic order or further instruction to provide information about the expert at this stage. It does not make reference to the DQ. 14) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary. I plan to send a letter stating the reasons outlined earlier in the thread. What information can be included in your view? 15) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. Lastly it states the hearing fee and that it "must be paid by the claimant at least 28 days prior to the hearing date, unless an application for a fee concession is made". The trial fee is non refundable but if parties settle before the trial fee is due, the trial fee will not be payable.
  15. Small update, I have not received anything new on allocation. I made a brief call before Christmas and clerk explained they are overwhelmed with only one DJ, allocation could take up to 8 weeks. Adding that we may be looking towards the end of the year for the hearing! not ideal... They offered to forward the defence DQ but I have not received anything so far. I am preparing statements and evidence since there is a risk to miss details after months.
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