Photoman V Scottish Power

[Alphageek]

Hi Photoman, I too think Scottish Power are a disgrace and think what they have done (above) is reprehensible.

 

I think it will be quite fitting if you use the DURKIN case to claim damages from Scottish Power for the default . That would have a nice ring of schadenfreude about it don't you think?

[Alphageek]

If you leave it to the Court's discretion, then the court should issue it an "unspecified amount" claim.

 

If you are intending to add a clause like 4/ (above) then you should be mindful of the limits to keep the claim in SCT as if it goes fast track, then all bets are off as far as costs are concerned.

[Alphageek]

This simply means writing to the Court manager saying that you agree to an extension of the timescale for the defendants defence,to allow settlement didcussions to continue.

 

CPR 15.5(2) requires that any agreement between the parties to extend the time for filing a defence must be notified to the court by the defendant.

[Alphageek]

Well that's how I read it, so if I can make that assumption then I guess others could as well.

 

That's why I posted my reply.

[Alphageek]

I agree with your suggested tactic of attempting to settle early in the proceedings. It would be in their interest to settle early sometimes.