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Pre-action protocols

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  • Pre-action protocols

    Pre-action protocols
    Hi we have CMC tomorrow. We are the defendants and have a counterclaim. I've been reading up on pre-action protocols and feel that the claimant (represented by a solicitor) didn't follow pre-action protocols namely they didn't try to resolve the matter before court action, they didn't suggest ADR, they ignored our previous letter saying why we weren't paying the outstanding amount which included, the job not being finished, the price being 40% more than we agreed and one of their employees stealing from us (they were arrested for burglary and were sent to prison, they had previously been convicted of burglary, theft etc). We suggested ADR over eight months ago in writing which they refused. They have said in their allocation questionairre that they didn't follow pre-action protocols. Should we raise this tomorrow? We are representing ourselves.

  • #2
    Re: Pre-action protocols

    You should raise anything that is likely to help you win your case.

    Although I have no idea what an "ADR" is.

    Comment


    • #3
      Re: Pre-action protocols

      Originally posted by Amy View Post
      You should raise anything that is likely to help you win your case.

      Although I have no idea what an "ADR" is.
      Alternative Dispute Resolution ie mediation.

      Comment


      • #4
        Re: Pre-action protocols

        Hi,

        This might help

        Home Page | ADRnow

        cnjw
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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