Setting aside salford a ccj - defence sent to wrong court

[BazzaS]

Costs order, surely?

 

”Wasted costs” (rather than “costs”)  is more applicable to someone who has faced costs due to their solicitor’s error, and is seeking an order against their own legal team, not “against the ‘other side’ “

Edited October 31, 2019 by BazzaS

[BazzaS]

In what way are you considering failing to comply?

 

Why on earth would you wish to fail to comply?

a) the directions seem “standard”

b) the directions seem reasonable

c) the court is, in effect, saying “the court isn’t an expert in CCTV, and the case hinges on if the installation was good quality or not, so the expert opinion is key to reaching a just decision” : isn’t that what you want?

 

If the report gives information that you feel reflects the situation at the time the installation was inspected that doesn’t reflect the quality at the time it was installed : you deal with that by way of a written question.

You have the advantage that any written question you raise is formulated with your :

a) knowledge of CCTV in general, and

b) knowledge of the installation.

 

Why risk the advantage you have that the report shows how unreasonable the claim is by you not complying with directions?. The “worst case scenario” of failing to comply is the judge awarding judgment for the claimant as the ultimate sanction!

Edited November 10, 2019 by BazzaS

[BazzaS]

[BEGIN]

Dear <Claimant>

I will await the court's instructions.

 

It is unfortunate if you haven't kept copies of the letters you have sent me, but if the court requires me to 'file and serve' copies of those letters (as part of assessing if you have complied with the court's instructions), and of any correspondence I have sent you, then I will of course comply.

 

If you desire a copy of the judge's order, I suggest (rather than asking me to provide you with a copy - where you might challenge it's authenticity), that you should approach the court for one, so that the details (and its provenance) are clear for you.

[END]

 

The court can't see such a reply as obstructive, you don't have to do her dirty work for her, and if it riles her at the same time : so much the better - let her claim "foul!", but the court won't see it that way ........

 

If the court does make such a 'file and serve' order, then make sure you comply with any deadline, but file and serve close to the deadline, so she can't create an alternative and file it in time (in response to yours).

 

See if any other contributors have views on this, or any alternate reply.

Edited December 14, 2019 by BazzaS

[BazzaS]

Have you actually agreed a jointly instructed expert yet?

 

If not, agree to any of the 4 she has suggested, given they are suitably qualified (unless you believe any aren't independent), and point out that you are awaiting her draft of the letter of instruction, so that the instructions can be agreed in order for the expert to be 'jointly instructed'.

 

The aim is to do your best to follow the court's directions, while not allowing her to tilt the expert's instructions in her favour.

Use neutral language, but you want the expert to clarify the main issues for the court ; was the initial installation by you done to a reasonable standard of care, quality and skill, and in accordance with the requirements of the contract ....

Edited December 14, 2019 by BazzaS

[BazzaS]

10 minutes ago, keek said:

 

 

Yes I Installed the equipment there is no problem with the system I fitted the images were clear. 

 

She asked me to do more work for her a month after the installation so if it wasn’t fit for purpose why would she ask me to do more work. 

There was never a contract it was a favour for a family friend. 

did you receive any payment or benefit in kind?

 

if not, then your defence should have been that there was no contract.

 

if you did receive a benefit (even if not money!), then there likely was a contract, even if there wasn’t a written contract. If there was no written contract :can you both at least confirm what was agreed?

it then becomes even more important for the expert witness to asses if what you installed met what was agreed!

Edited December 14, 2019 by BazzaS

[BazzaS]

Absolutely.

you don’t want to look like you are being uncooperative. You do want to look you are being reasonable, and trying to follow the court’s instructions (without “doing her dirty work” for her).

 

In the end it’ll come down to:

a) the expert’s report (unless it gets kicked out before then for her failing to comply), and

b) who is more credible if it becomes “what the (Verbal) contract was” ; the more you are reasonable and the more ‘whacky’ she shows herself, the more credibility you gain.

[BazzaS]

Frustrating as that is (at first glance), it is a good thing.

 

You want to get the (joint) instructions for the expert to comment on the standard of the installation you performed (as far as they can). You ask for the expert to comment on the current installation state and use any available evidence to give their best opinion on how it differs to the state at installation, using the available evidence (and then supply them with the photo's you have of its original state).

The more she tries to make you look bad by making things worse now, the more the report will highlight the differences, and the easier it is for you to show the installation was fine, and it has been damaged by her meddling since.

Edited December 17, 2019 by BazzaS

[BazzaS]

7 hours ago, dx100uk said:

you do not need to ask permission..you can film anything the eye can see from public property or within any building paid for by the uk tax payer. 
 

 

any building paid for by the uk tax payer ?!

Courts ... nope

Prisons .... nope

Military bases ... nope.

Even if “any building paid for by the uk tax payer“ was correct (and it isn’t!), the claimant’s home isn’t a building paid for by the uk tax payer ....

 

you can film the outside of the house from the street.

you shouldn’t do so repeatedly or for an excessive length of time where she might claim it was an action causing her fear, alarm, or distress.

Edited January 22, 2020 by BazzaS

[BazzaS]

I take that as a positive : judge cutting through the lack of co-operation.

 

judge attends claimant’s home with defendant and expert, you and claimant get to pose questions then & there to expert, expert gives opinion: judgement reached.

 

Serve your witness statement, with any supporting evidence showing what the claimant has done to the installation. Your main question to the expert will be “as far as you can tell, given any changes since : was the original installation commensurate to the original request (and sum paid)?”

Edited February 29, 2020 by BazzaS

[BazzaS]

How can it be fair if the expert can’t get to see the installation.

 

I read it as “judge fed up with her antics - & is finding a way to get this done and dusted”

Edited February 29, 2020 by BazzaS

[BazzaS]

Is it worth contacting the previously agreed expert and finding out what has changed and why?

 

If they are willing to write to you (or the court!)  explaining (have they received instructions at all? What has changed??) so much the better

 

The judge might not be able to consider what such a letter would say (unless they’d be prepared to make a witness statement), but you might accidentally drop it into discussion, and if the judge asked to see the letter it might be useful if it places the claimant in a bad light ….

[BazzaS]

Precisely. At which point keek gets the agreed expert to report that the claimant was being obstructive …..