county court claim from an ex employee

[voydav]

I am in court next week defending a claim against my company.

 

The claiment and myself were given a date by the court to file our relavent papers to the court and each other.

 

The claiment was late filing the papers to my self which I can prove as was sent registered post.

 

I hand delivered mine to claiments office.

 

My question is I have received an e-mail from claiment asking for me to send my bundle to him for court next week do i have to send again?

 

Any advice etc would be appreciated

 

Thanks

[AndyOrch]

If hand delivered I presume you didnt ask for a receipt then?

I personally would just comply and exchange again wouldn't want this to be held against you even though very frustrating.

 

Andy

[voydav]

Hi I am the defendant in a pending County Court Claim.

 

Received paperwork from Court asking for things to be carried out by certain times.

 

I am not sure of one request which is;

 

"Each party shall give standard disclosure to every other party by list. Any requests for inspection or copies of disclosed documents shal be made within 7 days after sevice of the list."

 

Could somebody translate into common speak please

 

Thank you

[cymruambyth]

Hi you need to down load and complete form n265 and attach a list of all documents that you want to refer to in your case. List letters and their date. When you get the claimants list you then have 7 days to request to either see or receive a copy of any documents listed.

[voydav]

Thanks for that Have a Great Christmas and a happy new year

[voydav]

Hi I am the defendant in a county court claim.

I have filled my defence as requested and the court has aknowlege receipt.

The claimant and I were given directions by the court,

 

one being that by the 28th December we must both give standard disclosure by list.

 

I received an email today from the claimants solicitor of a letter they sent on the 23 december to the court saying that they have not seen a copy of my defence so can not supply disclosure.

 

Since they have had from the 14th November (the day I filed my defence) to ask for a copy can I apply to have the claim struck out?

Thank you

 

Anybody have an opinion please?

[Gaston Grimsdyke]

No you would be wasting your time and money. For all you know they have been trying to get a copy from the court since 14 November. Actually you are in breach of Part 15.6 of the CPR by not serving them with a copy yourself, and given that the court requires the parties to co-operate, the court would expect you to let them have a copy now rather than take the nuclear option of an application to strike out (which I suspect would go down badly with the judge).

[voydav]

little backgound:

I received a county court claim from an ex employee. claim was made against myself personally.

I informed claiments solicitor who then put in a second claim with me as 1st defendant and my Ltd company as the 2nd defendant.

 

Two defences were filled as per instructions from the county court.

 

Court sent out directions to all parties 1st one being that by 27th December each party shall give standard disclosure by list to other party.

 

On the 23rd December 2011 I received an email from claimants solicitor stating that, as he had not received a copy of defence that he would not be subbmitting claiments standard disclosure.

 

I as instructed sent my disclosure to claimants solicitor as directed by the court.

 

I did not receive anything from the claimant.

 

I informed the court in writing that the claimant had failed as instructed to give their standard disclosure by list.

 

Today I received an email from claimants solicitor requesting to see documents in my standard disclosure.

 

What should I do?

 

I still have not received anything from claimant and feel it a little unfair that I do not have any chance to see any of claimants paperwork,

 

although I do not want to put myself in a postition of not carrying out the court directions.

 

Im not sure if the solicitor is playing games as he knows i am not using a solicitor myself.

 

This is because, I did contact a solicitor at the begining and he informed me that the claimant is under a fixed fee arrangement and has not taken out insurance for himself.

 

This means that I cannot claim any costs back from him.

 

Any advice would be very much appreciated

[debbbbsy]

This means that I cannot claim any costs back from him.

 

I'm not sure that that advice is correct. Hopefully more advice will come but according to court procedures :- Under English law, the legal costs of a court action are paid by the loser.

In small claims track you can only claim costs if the other party acted unreasonably and it can be proven as such and the final decision is up to the judge. In accordance with CPR 27.14[2][g].

I suppose it all depends on whether the claim is substantiated or not.

[voydav]

That's for your reply I think it looks like I may have to seek solicitors advice.

 

What I urgently need advice on though is what should I do about claimants solicitor not providing disclosure as directed by the court and that he is now requesting to see all my paperwork. I feel that I am showing all my cards on the table, surely this can't be right.

[debbbbsy]

If they are refusing to disclose the documents and substantiate the claim inform the judge in writing, and ask him to strike out the claim.

[voydav]

I wrote to the claimants solicitor to inform him that if I did not receive their standard disclosure that I would contact the court to strike out the claim.

 

The claimants solicitor is claiming that he has not received a copy of my defence and this is the reason that he has not forwarded their disclosure

 

He is also claiming I am in breach of civil procedure rules and that I am acting in an unreasonable manner.

 

I do not want to fall foul of the judge so would it be best for me to send another copy of my defence to him first.

I

[Ganymede]

Just email/post etc them a copy of the missing Defence.

 

Simples.

[voydav]

Hi have posted a couple of threads and had helpful responses.

 

I'm defending a claim being made agaist me.

 

The district judge made alist of orders that were to be done by certain dates.

 

The claimants solicitor was over a month late serving their disclosure by list to me.

 

Now the claimants solicitor has failed to file their witness statement by the given date.

 

I have contacted the court who advised that I put it in writing to the court which I have done.

 

The order only says that an automatic strike out will happen if the Pre trail check lists are not filed on time.

 

Do I wait to see if the claimant fails to do this, or should I apply for strike out now.

 

Thanks for any advice.

[Guest]

difficult to say on what's posted.

the court is on notice re claimants failures to comply. it is doubtful that there would be a strike out atm (you will note that that the listing q. (pre trial checklist) asks whether any directions have not been complied with, and if so why not?). the court is currently aware of their lateness. up to you though.

on receipt of listing q court will have the discretion to direct as they think fit in the circumstances. if claimant doesn't comply with listing in time then yes auto struck, 'or some other sanction imposed'?

see what others say

Edited February 19, 2012 by Ford

[voydav]

Hi I am defending a claim and to date the claimants solicitor was over a month late

Serving their directions.

 

Now the claimant has failed to serve their witness statement.

 

The directions made by the judge only say that if the pre-trial check list is late that the claim will struck out.

 

This is due beginning of March.

 

I have contacted the court who told me to put in writing the details of the claimants late filing.

 

Do I wait to see if the claiment files their Pre trail check list or do I go for strike out now.

 

I feel a little disadvantaged that I have sent all my witness statement to the claiments solicitor with nothing back

 

Thanks for any advice

[Guest]

[voydav]

Thanks for quick reply.

 

I think I see if they file pre trail questionnaire.

 

My feeling is that after reading my witness statement they realise their claim is weak.

 

Their list of directions that I eventually got amounted to 3 bits of paper that had no real relevance to their claim.

[Guest]

deja vu http://www.consumeractiongroup.co.uk/forum/showthread.php?338812-Do-I-go-for-strike-out