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Bifolds fitted at incorrect floor level

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I agree it has taken forever for Court to set dates and the case is never ending, which is inconvenient and stressful. The App. Hearing letter did not ask for anything further.

 

The only thing is my letter last April asking the Defendants to share the documents they referenced in their Def & CC, to which they did not respond. 

 

They have either confused the scope of the hearing or served a bundle prematurely assuming they can bring up the whole case. Eitherway, it is now apparent their line of argument is nasty and misleading.

 

My WS are approximately 8 pages long with some exhibits plus the report.

Would it still be good practice to submit a Draft Skeleton Argument with Court Timeline and points relating to report and Defendant bundle about the App. Hearing?

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No harm in preparing points for yourself.....but it shouldn't really be required for this type of hearing...I agree the defendants really do not know what they are doing and they think its a trial hearing...not a hearing to simply decide expert evidence.


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49 minutes ago, Andyorch said:

No harm in preparing points for yourself.....but it shouldn't really be required for this type of hearing...I agree the defendants really do not know what they are doing and they think its a trial hearing...not a hearing to simply decide expert evidence.

 

Thank you for the feedback and mostly for engaging in this endless case.

 

While discussing the matter, this may have slipped through in my earlier post #169 no.2. The director's letter filed with the Court states that "the claimant's name email wording on XX date is borderline blackmail" and continues with further points attacking my personal character and motives.

 

I am not sure if they understand what they are suggesting but to my understanding this is implying a criminal allegation in a document addressed to court. It is also referenced "enclosed" in the Defence form signed by a Statement Of Truth. 

 

Any thoughts on this and if to bring up with the judge?

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Possibly at a later stage...but not at the application hearing.


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Thank you, I have taken note of this.

 

At this point I cannot see why the case should be disposed off at a trial and mount up more costs. The company bundle discloses their own surveyor notes, showing the height dimensions agreed on contract which is what  I supported all along. Also hand written notes denote the intended manufacture height.

 

They clearly demonstrate error for the actual fitted system against those notes and the agreed contract. I feel they have wasted an enormous amount of  my time.

 

Any thoughts? Action forward? The company is exploiting the poor court service to drag its feet on the case for months. The case trial could be set many months away.

 

Application hearing is tomorrow any tips most welcome. A bit nervous on presentation skills and the poor reviews about this court.

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Simply present your facts and as to why a Expert Witness statement and report is required...the Judge will not have any knowledge of Bifolding doors so its should be a fait accompli.

 

As for shortening the process the only other option would have been to make an application for Summary Judgment...but again you would have to shell out a further £255.....and not guaranteed in recouping it back in costs.

 

Andy


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I had the application hearing today, the report was accepted in a brief hearing.

 

The judge was fairly uptight but probably trying to come across balanced. They asked the Def if they objected to report admitted and said they did not ( but they personally told me outside they plan to contest it at trial as it means nothing to them)

 

The judge admonished the Defendant for not filing the material with a Witness Statement. The director did not appear to understand the process and indeed walked in for a full trial with  bundle.

 

However things got a bit complicated, the judge asked for a recess and instructed parties to enter negotiations again using a room at the court for half hour. With a view to find a middle ground and save on having the future trial. This has confused matters for me as I did not t expect to speak with the Director in person. Given the circumstance, I did not want to come across as an uncooperative party to the judge, there wasn't much latitude for talking and it would likely work to my detriment if I objected.

 

The judge went on lecturing for a bit, they said we may both have set out our cases and feel confident about the grounds but he is the one to ultimately decide. If this proceeds to trial either of us could win or lose their case and/or suffer costs. I am not sure why they said this and instructed to negotiate again, fairly sure they would not have time to read the entire bundle of the Defendant. As we fell out with the other side 1.5 years ago and months of pointless emails, I could not see the point.

We discussed on friendly tones but agreed that we disagreed. They still won't admit error and came back with the same "goodwill" proposal, to move the system but not make good after. They propose to visit with their own builders to quote/quantify a better rate than our claim. Their key argument is that our builders overseeing the project should have notified them of the issue before finishes were applied around the doors. There may be some merit in their argument but I don't see how to escape "liability" of fitting the product as per contract in the first place. It will be up to the judge and may award some costs.

 

I explained to them it sounds unreasonable to allow their return after 2 years of dispute and 1 year in court, accepting to pay a builder they propose on top. In any case, I do not want to appear as not genuinely trying, this will go on record and trial costs may be affected. Even if we somehow entertained this idea it entails some serious implications to future disputes or the Claim. I cannot imagine anyone accepting this but I don't know how the judge will see this.

 

One thing was clear, that they are acting out of spite and have no issue going forward with trial. I am fairly sure they do not bother because the cost of the claim is small to them as a company.

 

Last they proposed if I withdraw the Claim they will be withdrawing the Counterclaim. That would take us back in the same place as 1 year ago plus my costs for court and expert and infinite wasted time...
 

We were called back in the courtroom and informed the judge that more time is needed to discuss if we can resolve. The judge provided 8 weeks after which they will arrange trial. I am not sure what order will come out in the post.

 

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I had the application hearing today, the report was accepted in a brief hearing.

 

A fait accompli.....now you move to the next stage and await the courts directions.


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I received an Order from the court, just  the hearing points really

 

Upon hearing for the claimant and the defendant in person,

 

It is Ordered that

 

1. The claimant has permission to rely upon the report of XX attached to the application dated ZZ. Service of the report is dispensed with.

2. List for trial on the first available date after 8 weeks, estimate 2 hours - notice to follow.

3. The costs of the application be in the case.

 

It appears there was a backlog of a month between the order date and the date posted. I anticipate the trial may be months later, based on the court's history but it may well  be sooner.

 

Eitherway my Witness Statement draft is complete, I just need to index exhibits/evidence and iron out some details.

 

The other party is aggressively pushing their old position pre-claim as a negotiating stance. Same offer for correction works as goodwill , refuse to sign any terms into a consent order and expect me to pay all remedial damages! Oh and they want me to forget all the time loss and costs, so they can forget their counterclaim 🙄

 

Settlement offers rejected as a "threat", they just want to go on trial. no words to say.

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It is Ordered that

 

1. The claimant has permission to rely upon the report of XX attached to the application dated ZZ. Service of the report is dispensed with.

 

:thumb:


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A procedural question, should the hearing fee be paid before the hearing date is set?

 

In the notice of allocation (2019) the  direction is that "the fee must be paid at least 28 days before the hearing date" and no further fee warning would be issued. The fee is non refundable.

 

The last order above (2) states "notice to follow", I presume this would allow more than 28 days notice for the listing and fee to be paid?

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