Flaws in Defence counterclaim Help

[simeon1964]

Thamks what are the content of the Scott schedule?

[simeon1964]

Whats the are the content of the scott schedule

[honeybee13]

Scott schedule?

 

HB

[FTMDave]

I'm sorry, but until rereading the court order on Sunday I didn't even know what a Scott Schedule was.

 

I know much less than you about the matter.

 

You're the one who's known since August that you would have to compile this document and have had since Saturday (or earlier?) when the expert's report arrived to do so.

 

 

[FTMDave]

@honeybee13a Scott Schedule just seems to be a simple list of the matters in dispute, in this case the elements that add up to £16,500, where each party expresses their opinion.  There is an example on page 8 here  https://files.klgates.com/files/upload/international_arbitration_seminar_panel_4.pdf

 

Simeon has known since August that this would be necessary so no doubt has done research and has a draft ready.

 

 

[simeon1964]

I am doing one now and upload if its ok and thanks

[FTMDave]

Yes, please upload it when you can.  You might as well use the expert's numbered report as your template.

[Manxman in exile]

On 26/02/2023 at 01:50, dx100uk said:

whomever , you?, raised the part 20 counterclaim needs to close it, discontinue it, whatever - thats the problem that the court is working on.

dont forget that claimant/defendant labels switch if the main claim is resolved but a counterclaim exists.

the raiser of the counterclaim then becomes the claimant, hence the confusion?

 

 

 

 

Eh?  Are you suggesting that simeon should discontinue his counterclaim at this stage?

 

(@FTMDave - thanks for your message letting me know this thread has revived.  I've been unwell over the last couple of weeks and haven't been able to follow the board closely)

[simeon1964]

Manxman in E. welcome back. How you are well and ready for me? and you are not going to slag me off this time......need all the help

[honeybee13]

Manxman said he hasn't been well. MiE, I hope you feel better soon.

 

How's the schedule going, simeon?

 

HB

[simeon1964]

 

 

still on it will up load when done 

[Manxman in exile]

27 minutes ago, simeon1964 said:

Manxman in E. welcome back. How you are well and ready for me? and you are not going to slag me off this time......need all the help

 

I've just looked back over my last few posts on this thread at the beginning of the year.

 

What I've consistently done is try to draw your attention to weaknesses and deficiencies in your case that I think you need to address in order to be able to persuade a judge that you deserve to win your case.  As just a couple of examples of these weaknesses I specifically drew your attention to (1) your failure to provide the contents of the contract you say you had with the builder (despite repeated requests to do so) and (2) your insistence* that underpinning and piling are the same thing. 

 

I see those posts have generally been thanked or agreed with by other posters including honeybee, BazzaS and FTMDave - presumably because they thought I was telling you something that you needed to hear, and not because I was "slagging you off".

 

You then fall off the radar for over 7 weeks and only turn up again three days ago to ask for more help for the hearing which is tomorrow!!!

 

It's over a year ago that FTMDave and I invested an enormous amount of our own time into helping you draft detailed particulars of your counterclaim.  Throughout that process we continually pressed you on what evidence you had to backup your counterclaim for £17k.  You assured us you had that evidence.  We also advised you to get all that evidence organised and collated in readiness for a hearing.  You've had more than enough time between then and whenever you learned of this hearing date to do all that.

 

You now need to use that well-organised evidence to argue against the expert witness's assessment that your counterclaim is only worth about £1k and not the £17k you think it is.  Nobody here can do that for you because we don't know what evidence you have.

 

All you can do at this late stage is do your best to follow @FTMDave's advice at #430 and put together the suggested schedule.

 

*I see the expert witness appears to agree with me and to disagree with you.  If the judge asks you to justify your assertion I suggest you do better than tell him to google the two terms 

 

 

 

 

[simeon1964]

 

 

Do I need to prepare cost list and should this include  consideration for long time delays and inconveniences over the period of the case, i.e personal effect still in storage, etd

[honeybee13]

Is that in addition to the 17k?

 

How's the Scott schedule? Also, what time is your hearing?

 

HB

[simeon1964]

COURT IS 10 AM THINK ALL DAY

[FTMDave]

I have work in five minutes, right through to 21:15 UK time.  That's far too late for preparing any documentation before the court closes or indeed the builder's solicitor's office does.

 

The best Simeon can do is print three copies out before court tomorrow and hand one to the builder's solicitor and one to the judge, and say it was the expert's late reply that made it impossible to respect the Scott Schedule part of the court order.

 

I can do some tweaking after 21:15, but I do mean tweaking, not rewriting a whole document like Manxman in Exile and I have had to do in the past.

[honeybee13]

That's very generous of you, Dave.

 

Good luck with work, that must come first. Thank you for everything you've done for this thread.

 

HB

[FTMDave]

Just knocked off work now and available for any tweaking.

[FTMDave]

Well after an hour and a half here no news from Simeon.

 

He'll have to take his chances tomorrow.  I would blame the late Scott Schedule on the late expert's report.  And take three copies of whatever he has prepared to the hearing.

[simeon1964]

sorry I cant sleep

 

still on Scott schedule

 

[FTMDave]

You're joking, right?

 

You knew about the need for this document in August.

 

You've also known about the court date since ... well we don't know as you never told us.

 

You got the expert's report on Saturday (or earlier?) so could have used the rest of the weekend to get this document together,.

 

Anyway, if you want what you've prepared so far to be corrected then post it up now.  I'll be awake for around half an hour.  At least part of it can be dealt with.

 

 

[dx100uk]

[simeon1964]

 will try its difficult day and not good. dont much clue about this sctt doc. will post shortly

[FTMDave]

3 minutes ago, simeon1964 said:

dont much clue about this sctt doc

Understandable.

 

Not much time really from August to March to do a little bit of research, find out what the court would want, and prepare a draft.

 

With 17 grand involved

 

Anyway, your money, your choice. 

 

We've been available to help this evening, you've been absent.  Still waiting.  Off to kip shortly.

[simeon1964]

scott schedule

rotated and shrunk - dx

 

 

scott schedule.pdf