Urgent advice request - application hearing tomorrow

[pt2537]

I did tell them what would happen so it was forseeable to them.

I would also argue that they had a duty of care to me to at least correspond if payment was to be late. As it was they paid this three weeks after the 14 days and I think it was entirely reasonable I should have assumed that payment would not be forthcoming and that I needed to lose work by passing it to someone who could do it.

To establish a duty of care, you would have to satisfy Caparo v Dickman test

1. That harm was reasonably foreseeable

2. That there was a relationship of proximity

3. That it is fair, just and reasonable to impose a duty of care

Now then even if you get over that hurdle, you would need to show the losses are not too remote, and that they were forseeable.

Im sorry but i do not believe you will be able to overcome that hurdle

[des8]

Apologies for not coming back earlier but I was called out urgently early this morning and only just back
Can only agree with forgoing.

In the event of you losing your hope is that the court assess their costs on the standard basis as doubt as to reasonableness is resolved in favour of the losing party.

[Antrc]

They went ahead in my absence and the Judge dismissed my case as without merit and ordered 3K of Costs!

[Antrc]

I sent proof of my calls made to the Defendant, all week, all of which resulted in no names being given and my not being put through to someone to ask permission to attend this by phone (which the Court reqiested) as well as proof that the telephone conference companies told me that they would only arrange a conference with a recognised firm of solicitors, not an individual.

Also, this Court where this application was heard was the Court in the town I use to receive mail, as I work abroad and my friend lives there to forward it on.

My actual home Court is in Wales, but for some reason this application was sent to the correspondence Court. Hence my not being able to attend as it is 8 hours away by Train, and 13 by bus.