Sent without prejudice documents with claim - help! ** RESOLVED **

[Ganymede]

This morning I have received a letter from the defendant. They are suggesting that because a telephone conference for mediation has already been arranged for 8th July there is no need for a Case Management Conference and have enclosed an Consent Order for me to sign and send to the Court. I'm inclined not to agree but would value any opinions please.

 

The CMC was in relation to mediation which is now arranged to take place. Not sure why the CMC is needed anymore.

 

What does the Consent Order say?

[annie42]

The Consent Order says 1) The Case Management Conference fixed for 8 July to be vacated. 2) The proceedings be stayed until 29 August for the purposes of the claim being mediated 3) In the event that the claim is not settled by 29 August then either party may apply to the Court for directions through to the final Hearing in this matter.

 

If I refuse to agree the Judge will have to read the evidence before the CMC and, if I have understood what I've read on the internet correctly, he has the power to halt proceedings there and then if he feels the defendant has no reasonable chance of success. That would be the best outcome for me. I will see it through to the end if I have to but it is quite stressful for an unrepresented one man band like me up against the might of a multi national company with legal representation. I have heard they have a policy of defending everything whether they are right or not. The amount is a drop in the ocean to them but is a substantial amount to me. I need all the help I can get. Thanks.

Edited May 31, 2014 by annie42

[Ganymede]

Looks like a sensible Consent Order to me.

 

It's extremely unlikely a Judge will look at the papers a strike the claim out at the CMC.

[annie42]

Thanks Ganymede. I'm confused as to why the court has called for a CMC to consider the request for a stay for mediation when it knows that I and the defendant have already agreed to it. Why would they do this?

[Ganymede]

Thanks Ganymede. I'm confused as to why the court has called for a CMC to consider the request for a stay for mediation when it knows that I and the defendant have already agreed to it. Why would they do this?

 

Not sure of the timeline.

 

What was first?

[annie42]

The defendant wrote to me to agree directions which included a stay for mediation. I agreed to their proposals and sent the N18 1to the court on 13th May. The court sent the defendant and myself notice (dated 28th May) of the CMC on 8th July to consider the request for a stay. I don't understand why the court is bothering with the CMC unless there is another reason.

 

I had cause to ring the court to which the case had just been referred to last month. The court official said then that a CMC would probably be held and that was before they had received the N181

[annie42]

I've previously posted about this case in which I'm the claimant for breach of contract but it's moved on through the process and the original title is no longer appropriate hence new post.Have declined two WP offers. Formal mediation is next. Please may I have some help with the following questions:

 

1) Since lodging the claim I have incurred additional costs ie storage costs for the defendants goods and advice from a solicitor. Can I include those costs in the sum we mediate over or must it only be the amount on the claim form?

 

2) Monetary concerns aside can I ask for a written apology as well?

 

3) If mediation fails and they settle out of court do they just pay the actual sum noted on the front of the claim form or the sum plus interest which I also asked for on the claim form at a daily percentage rate.

 

4) In the unlikely event it gets to court is it possible to ask the court to include the additional costs I've mentioned in question 1?

[dx100uk]

two threads merged for history

 

please keep to one thread

 

dx

[Ganymede]

Is this FT or SCT again sorry?

[annie42]

Fast track.

[Ganymede]

Thanks.

 

Is there an order to file an update schedule of loss.

[annie42]

No. I didn't know there was such a thing. Can you give me a bit more info please? Have googled it but can't find much.

Edited July 5, 2014 by annie42

[Ganymede]

It's essentially a list of all your losses and out of pocket expenses.

[annie42]

Thank you. Can I include those additional expenses in the sum we mediate over even though they are not included in the figure on the claim form? Or it is mediation strictly limited to the amount noted on the claim?

[Ganymede]

Legal costs do not go in a schedule of loss as they are costs and not out of pocket expenses.

 

Just file and serve a schedule ASAP. You should really have included it with your particulars of claim but as you are a LiP you may get away with it.

 

Head your schedule with a court heading similar to the particulars of claim and titled "Schedule of Loss."

 

Number your losses and give a brief explanation of each one.

 

Only include things like storage costs, travel expenses, postage charges, loss of earnings etc etc and not costs or disbursements.

[annie42]

Many thanks Ganymede will do that now.

[Ganymede]

No harm in trying.

[annie42]

Success! Following informal talks and prior to mediation the defendant has agreed to settle the claim in full including interest and the court fee. Many thanks for all the helpful advice provided.

[citizenB]

Oh this is good news - do you want me to amend your thread title now or wait until you have the cheque in your hand ?

[annie42]

I have banked the cheque already! Many thanks citizen.

[citizenB]

Oh righto I will amend your thread title now then. Well done.

[annie42]

Thank you. Me David they Goliath!

[honeybee13]

Well done, Annie, and thank you for updating the thread. It will help future caggers.

 

HB

[citizenB]

Thank you. Me David they Goliath!

 

Absolutely, it feels great, doesnt it