Setting aside salford a ccj - defence sent to wrong court

[AndyOrch]

Okay so as thought......well lets see what the DJ directs next and we can address the costs element then. Better to keep an eye on matters rather than go along not knowing what is happening  and the uncertainty that goes along with it. 

 

 

 

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[AndyOrch]

Please do......its important for users that topics do not simply dry up.

 

With regards to the DJ directions he may simply relist it and give her a final opportunity to comply with the order dated 4th May 2020

or simply dismiss the claim......at that stage you will then have an option to make application for a Costs Order. I m not sure how much success you will have given that this is small claims track and costs are fixed.....but as your costs have arouse due to applications and set a side and expenses incurred in defending this claim..there may be some award.

 

If you get chance I would start to prepare your list of costs in dealing with this from your initial application N244.

 

 

 

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[AndyOrch]

Surprised he is prepared to put up with more of this nonsense .....he can only allow so much leniency with a claimant.. 

 

 

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[AndyOrch]

Direction Hearings are not really the place to request that kind of Order and of course any Order must be backed up by an application and statement as to why you seek the order.

 

Bide your time I would assume his tether is now running short....and any further none compliance will signify the end is nigh for this claimant. 

[AndyOrch]

Even better then.....very patient Judge dealing with this claim. Don't forget to refer to her  " expert electrician " as a family friend at the hearing who is not qualified to give testimony on a subject he's not qualified to give. 

 

Andy

[AndyOrch]

He probably also lost patience.

[AndyOrch]

5 hours ago, keek said:

 

 

She told the judge the independent expert we chose will not attend now.

 

The judge said she could use her own expert.

 

 

 

 

 

 

 

According to CPR  the use of expert witness was to be chosen and agreed between the parties.

 

Quote

There will be a single expert witness instructed by the parties jointly, whose evidence will be in the form of a written report. The judge may define the issues to be addressed. Further directions may be given as to this expert, as below..
Pre-action protocols may have required an expert’s inspection before the claim is filed in court.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/experts

[AndyOrch]

All valid points that you must make a note of to raise with the DJ at the hearing...but reading between the lines with your last update it could be the judge is humoring the claimant and simply going through the motions....hopefully getting ready to dismiss the claim.

[AndyOrch]

Simply confirming the replacement expert witness ......not sure what the defendant evidence may include matter of  opinion entails.?

[AndyOrch]

  How ?  what's the details ?

[AndyOrch]

Has she got the same surname as the Judge presiding ?

[AndyOrch]

So the total judgment is £750 including costs ?

[AndyOrch]

Its a pity you didn't ask the judge to order the return of the equipment for you to offset your costs/losses given that is of no use or satisfactory to her and that he had just ruled in her favor to that fact.

[AndyOrch]

Absolutely its a pity we didn't get a favorable result...but as you said onwards and upwards put it behind you.....get it paid off by the date advised in the final order to avoid the CCJ being registered.

 

I would advise that you now look at your quotation/contract paperwork for future work and make it water tight in the event that this ever happens in the future...assuming that you continue in this line of work.

 

Regards

 

Andy