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Claim Form Recieved - advice needed if possible


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OK, an update... I submitted the AQ with a draft directions for striking out on the basis of the defective DN. Although the claim was for in excess of £20K, I asked for allocation to the fast track. A few days after I received a copy of the AQ from the other side, requesting multi-track and estimating their costs at £7,000 (for a hearing they reckon will take a day). In my AQ I said I was willing to negotiate, and included an offer of £1 a month when I sent a copy of my AQ to the other side. I heard nothing until today.....

 

This morning, I received a copy of an order made by the DJ under CPR 3.3 allocating the case to the small claims track!!! (and offering free mediation)....Has anyone heard of this before, and what are the implications for the claimants £7,000 costs estimate :)

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The court has no power to allocate a claim over 5k to the SCT UNLESS both parties consent - if the case stays in the SCT they won't have any chance of recovering £7k costs.

 

I'd expect the claimant to write to the court and point this out - I suspect that there'll be an allocation hearing.

 

As the court hasn't done anything about a strike out I'd suggest that you apply on an N244 for an Order striking out the claim

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks IGNM :) I will do that.... it did seem strange; I phoned the court just to check. The clerk said something along the lines of "if the Judge says it, it is so". I was sure he was wrong, but didn't want to rock the boat - I would far rather the claimant told the Judge he was wrong than me ;) I assume it means I probably will get fast track rather than multi-track (if they don't strike out that is).

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