Application to strike out my claim after I was given more time to respond

[des8]

Try this: https://www.sra.org.uk/solicitors/st...ct-solicitors/

[Huxie]

Deleted

[echat11]

I can't get that link to work...

Returns "Page not found Error 404" ?

https://www.sra.org.uk/solicitors/st...ct-solicitors/

[Drew32]

INTERESTING UPDATE

So the application hearing came and went in 7 minutes. Judge told solicitor that they have no right to question his right to make a new order, and costs are reserved for a final hearing. Judge pointed out the ridiculous disproportionality in making a 150 page application with a costs schedule of 5.5K on a claim of less than £1000.

Here’s where it gets interesting.

1. There were initially admin. problems with the application being filed, and I emailed the solicitor and told him. He responded to acknowledge my email and thank me.
2. His application basically stated that I should never have been allowed to make an ex parte application, it should have been formal, and the Judge made a mistake making the order to allow me more time to file amended POC.
3. A large part of the complaint revolved around 1 email I failed to copy this man in on when asking for more time. He stated it unfairly disadvantaged his client.

A final hearing order was drawn up, dates given for evidence, etc.

Then solicitor sends an email to the Court asking for a change of dates so he can file a new Defence, apologises for not requesting this at the end of his application hearing.

I complained about the hypocrisy of his not making a formal application.

A new order goes out, with no change to the previous dates or listing.

I then emailed him to ask him to confirm precise dates and times for transfer of evidence. He responds noting the date and time in the new hearing notice for when this was to occur, and agrees to do so by email.

Okay…

He then makers a request for a senior Judge to review a complaint he made about Court staff allowing the one email mentioned above to be put in front of a Judge. He previously got a Court manager to agree with his assertion that the email should have been sent back to me and that Court staff should have picked up on the fact that he was not copied in.

He included this letter from the Court manager acknowledging fault in his final bundle for the application hearing, sent to me as well as the Court.

I have now discovered that he asked for a Senior review of some other decision by the Court in response to his complaint that I am not privy to. I’ve been told by said Court manager that to her surprise, a Senior judge stated that Court staff were actually not at fault, and it was for the Judge to decide whether to respond to my email, or order it bounced back to me.

These findings have never been disclosed to me by the solicitor.

So comes the day we are exchanging evidence. I sent an email to him 4 hours before we were scheduled to do this. My laptop was playing up. I ask him to hold off sending evidence until 4pm the next day, which is when I was now planning on emailing him my evidence, as had to get the laptop fixed.

No response. That night I get an email from him about something else and no mention of my email telling him what I am sending the next day. No evidence was sent to me from him that day.

I smelt a rat. I leave him the second of two message in 24 hours, after sending him another email, asking him to clarify we are exchanging that day.

The next day he then emails back to state the Court have changed the dates and there were typos in the original order.

Hmmh. Shocking.

BECAUSE…

I then speak to the Court. He was in receipt of this information for four days. He had been emailing the Court since before that – for a week. I am waiting for a Judge to okay sending me those emails.

So he basically did not CC me in on the emails about whether Court dates were correct, and he did not disclose the info. he was then given about typos/deadlines. He has, without a doubt, held off doing the very things he should be as per CPR, that he was complaining I did not do, to try to get my evidence, without sending his.

Given the application he made based on the above, and the clear hypocrisy and double dealing going on, what should I do with all this?

[echat11]

Don't get drawn into his 'shenanigans', don't lose sight of the case. Do the things you have to do in a timely manner, note down his antics. Before the hearing send the Court / Judge and him a summary of the 'shenanigans' explain with examples that he has made it difficult for you to adhere to CPR.

[jaguarsuk]

Deleted

[jaguarsuk]

INTERESTING UPDATE

So the application hearing came and went in 7 minutes. Judge told solicitor that they have no right to question his right to make a new order, and costs are reserved for a final hearing. Judge pointed out the ridiculous disproportionality in making a 150 page application with a costs schedule of 5.5K on a claim of less than £1000.

Here’s where it gets interesting.

1. There were initially admin. problems with the application being filed, and I emailed the solicitor and told him. He responded to acknowledge my email and thank me.
2. His application basically stated that I should never have been allowed to make an ex parte application, it should have been formal, and the Judge made a mistake making the order to allow me more time to file amended POC.
3. A large part of the complaint revolved around 1 email I failed to copy this man in on when asking for more time. He stated it unfairly disadvantaged his client.

A final hearing order was drawn up, dates given for evidence, etc.

Then solicitor sends an email to the Court asking for a change of dates so he can file a new Defence, apologises for not requesting this at the end of his application hearing.

I complained about the hypocrisy of his not making a formal application.

A new order goes out, with no change to the previous dates or listing.

I then emailed him to ask him to confirm precise dates and times for transfer of evidence. He responds noting the date and time in the new hearing notice for when this was to occur, and agrees to do so by email.

Okay…

He then makers a request for a senior Judge to review a complaint he made about Court staff allowing the one email mentioned above to be put in front of a Judge. He previously got a Court manager to agree with his assertion that the email should have been sent back to me and that Court staff should have picked up on the fact that he was not copied in.

He included this letter from the Court manager acknowledging fault in his final bundle for the application hearing, sent to me as well as the Court.

I have now discovered that he asked for a Senior review of some other decision by the Court in response to his complaint that I am not privy to. I’ve been told by said Court manager that to her surprise, a Senior judge stated that Court staff were actually not at fault, and it was for the Judge to decide whether to respond to my email, or order it bounced back to me.

These findings have never been disclosed to me by the solicitor.

So comes the day we are exchanging evidence. I sent an email to him 4 hours before we were scheduled to do this. My laptop was playing up. I ask him to hold off sending evidence until 4pm the next day, which is when I was now planning on emailing him my evidence, as had to get the laptop fixed.

No response. That night I get an email from him about something else and no mention of my email telling him what I am sending the next day. No evidence was sent to me from him that day.

I smelt a rat. I leave him the second of two message in 24 hours, after sending him another email, asking him to clarify we are exchanging that day.

The next day he then emails back to state the Court have changed the dates and there were typos in the original order.

Hmmh. Shocking.

BECAUSE…

I then speak to the Court. He was in receipt of this information for four days. He had been emailing the Court since before that – for a week. I am waiting for a Judge to okay sending me those emails.

So he basically did not CC me in on the emails about whether Court dates were correct, and he did not disclose the info. he was then given about typos/deadlines. He has, without a doubt, held off doing the very things he should be as per CPR, that he was complaining I did not do, to try to get my evidence, without sending his.

Given the application he made based on the above, and the clear hypocrisy and double dealing going on, what should I do with all this?

When costs are being discussed at the final hearing you need to bring all of this up, along with the ridiculous disproportionality of the application pursuant to CPR 27.14.

24 hours prior to the hearing send the court and the solicitor your schedule of costs, which should include costs of postage, parking, any unpaid time off work to attend hearings and your time for research plus drafting of pleadings as a LiP of £19 per hour.

[Drew32]

Question - re: 24 hours before - sending schedule of costs.

If I wanted to put together short Witness Statement documenting all the shenanigans, can I just send that directly to the Court and not the Defendant, the day before, with the costs schedule? I would then ask for the Judge to read it when it came to costs.

[echat11]

Question - re: 24 hours before - sending schedule of costs.

If I wanted to put together short Witness Statement documenting all the shenanigans, can I just send that directly to the Court and not the Defendant, the day before, with the costs schedule? I would then ask for the Judge to read it when it came to costs.

From experience I would suggest sending it to the Court and the other party.
The Judge will ask if it's been sent to the other party. He can then give it full consideration.

Wait for other members to advise.

[jaguarsuk]

Question - re: 24 hours before - sending schedule of costs.

If I wanted to put together short Witness Statement documenting all the shenanigans, can I just send that directly to the Court and not the Defendant, the day before, with the costs schedule? I would then ask for the Judge to read it when it came to costs.

There's no point sending a witness statement with it, simply have a bullet point list of things and read them out to the judge when asking for costs.

[ostell]

With spare copies for those that ask

[HarryJackson]

Okay one more question - are bank holidays included in the time given to make submissions, listen to a Court order, etc?

The man mentioned above petitioned the Court to change the date we were originally permitted until to submit Witness Statements. That original date was August 30th which was a bank holiday Monday.

He basically said the date should be August 31st, which was the next WORKING DAY, and this was a mistake made by Court/listing staff.

I can't find anything online anywhere which states this law or rule exists though.

Anyone have any idea?

[MIKE770]

Having tried to make a complaint against a solicitor in the past - they would not investigate the said solicitor to the fact = He was not engaged by me but the other party., following which the infamous go to legal ombudsman who in turn go to xxxx who in turn go too and so on????? to be honest nobody wants to know unless they represent you.

[des8]

CPR 2.8 indicates that where service of documents is required within a period (eg 14 days), Bank Holidays are not counted,
but when a specific date is stated, that is the date by which documents should be filed and served

https://www.justice.gov.uk/courts/pr...l/rules/part02

[echat11]

I complained to the SRA about a solicitor in May / June this year, who wasn't engaged by me, they looked into my complaint. They are the ones regulating solicitors, so 'unless' it's a serious breach, they will go into self protection mode.