Flaws in Defence counterclaim Help

[FTMDave]

So finally you have your hearing.

 

You now need to prepare your Witness Statement.

 

You've seen the builder's solicitor's line of attack, basically accusing you of claiming for work unconnected to the two contracts.  Make sure in your WS you can back up why the builder is liable for every element of the 16 grand.

[Manxman in exile]

And you might want to review the earlier posts (made when you were particularising your counterclaim) as to what sort of evidence you would need to support your claim.

[simeon1964]

Do I get a support drafting this WS? This is listed for 30minutes ??

[FTMDave]

The regulars here will certainly support in tightening up the English and the legal arguments, as we have in the past.

 

Only you know the strength of your case however.

 

Yes, the time fixed for the hearing is short, but I don't know how rigid that is, however it does mean that the WS needs to be watertight.

 

Presumably you can use the vast majority of your WS opposing set aside as the basis for your new WS.

[simeon1964]

regarding the directions for the Claim/Counterclaim. The timings are based on weeks from the hearing on Friday.

 

would be grateful if you could let me know if you are happy with the proposed directions. 

 

1)      Disclosure within 4 weeks.

 

1)      Joint Expert Surveyor nominated within 4 weeks.

 

    2)      Inspection 6 weeks.  -(2 weeks for the parties to consider all the documents that have been disclosed in preparation for witness statements.) 

3)      Witness statements are to be exchanged within 10 weeks. 

4)      Expert  instruction 12 weeks. 

5)      Expert report 16 weeks.

 

6)      Questions to expert 18 weeks.

 

7)      Replies within 20 weeks.

 The expert will have 2 weeks to respond to questions.

 

      Schedules 23 weeks.

 

9)      The matter is listed for a hearing of no more than one day at Manchester County Court.

 

 

 

[honeybee13]

Hi. You said:

 

The timings are based on weeks from the hearing on Friday.

 

As you haven't been here since mid-July, could you let us know which date you mean please? Is it last Friday 29th July?

 

HB

[FTMDave]

Yes, as usual you post things without any explanation.

 

We're not telepathic.

 

Who has sent you this communication?

[simeon1964]

Friday 05/08/2022  

[honeybee13]

Thank you. What's the answer to FTMDave's question please?

 

HB

[simeon1964]

The solicitor

 

 

[FTMDave]

Blood out of stone at last.

 

Due to your explanation - or rather non-explanation - we thought Friday was your showdown with the builder, where hopefully, you would win your 16 grand.

 

I now suspect the Friday hearing will be something different.  Attached is the court order you uploaded.  Apart from your details/builder's details/case number, is there anything you've accidentally blanked out?

 

court letter hearing date 2022-08-05.pdf

[simeon1964]

Thats is what I got from the solicitor and I have not responded yet

 

Not responded yet?

This was drafted by solicitor and I have not responded yet. Tomorrow Friday the 5th is the hearing. confused about this hearing for 30minutes and the draft direction from the solicitor.

[AndyOrch]

The hearing is to lift a stay imposed by the court pursuant to the Order dated 21st March 2022 and to set the directions as offered by the claimant (which is normal for the claimant to set directions in Fast Track) 

 

If your happy with the Directions proposed by the Claimant there is no need for you to do anything bar attend the hearing. It will be similar to a Case Management Conference for parties to agree how the claim will proceed.

 

 

Andy

 

[simeon1964]

Thank you andy: 

Given that this builder had wasted so much time due to his application to setting aside the judgement, the times frame on this direction takes it into its year. Can the judge review the time frame set by the solicitor?

[AndyOrch]

Yes and you can make known your objections at the hearing if you feel it can be dealt with sooner...draft a Skelton with the details so you have something to refer to if this is the course you wish to take. 

[simeon1964]

Thank you

[simeon1964]

"In accordance with the court order, we formally nominate the following surveyors to provide an expert report on this case:- Leslie D Clegg Morgan & Co 9-13 Silver Street Bury BL9 0EU JMC Surveyors & Property Consultants Limited 47 Bury New Road, Prestwich, Manchester, M25 9JY John Crowley 63 Stamford Street Mossley Ashton-under-lyne Lancashire OL5 0LN.  confirm preference."

 

Do I need to do search on them, agree to one, or propose my own?

[Manxman in exile]

Who is that from?

[simeon1964]

This is from the builder's solicitor. ( the claimant's solicitor)

Edited August 26, 2022 by dx100uk
unnecessary previous post quote removed

[honeybee13]

 So you need to agree on a joint expert with the other side?  Have we seen the wording of the court order about doing this?

 

HB

 

 

[simeon1964]

court order 

 

2022-08-11 courtletter - case allocated to fast track-hearing 2023-01-09.pdf

Edited November 7, 2022 by dx100uk
unnecessary previous post quote removed

[FTMDave]

So the first court order is dated 5 August.

 

You only posted it here on 24 August and only because Honeybee asked you to.

 

There is an important court deadline for 2 September.

 

I hope you have everything prepared for that deadline.  I for one am travelling till Monday and will have no time to deal with it.

 

On 23/08/2022 at 17:31, simeon1964 said:

Do I need to do search on them, agree to one, or propose my own?

You certainly should search for them and try to understand if any might be in cohorts with the builder.  You'd better hurry up.

[Manxman in exile]

On 24/08/2022 at 08:05, simeon1964 said:

This is from the builder's solicitor. ( the claimant's solicitor)

 

Well if I were you I would find out everything I could about the three surveyors nominated as expert witnesses by the claimant.

 

Haven't you already had a surveyor assess the poor standard of workmanship by the claimant?  Why don't you ask them if they have anything to say about the three experts nominated by your opponent?

 

And I don't see why you shouldn't be able to put forwards three nominations yourself.  Apart from the surveyor who assessed the "negligent" work done on your house (who I assume you would not be able to nominate as an independent expert anyway) do you know any?

 

I also note that @FTMDave has reminded you that certain actions need to be completed by 02 September.  Are you in position to comply with what needs to be done?

[simeon1964]

 

This is relating to document to rely on the case

Edited August 26, 2022 by dx100uk
unnecessary previous post quote removed

[honeybee13]

Sorry?

 

HB