• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Alleged Wrong Defendant and Civil Procedure Rule 16

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    I have contacted the courts to request a default judgement but they have been less than helpful, as you can see below.

    I'm not sure if they are ignoring my request for a reason or whether they are just useless. I'd appreciate any tips anyone has.

    It's also probably worth noting that the Notice of Change I received before the defence, allocated a solicitor on behalf of PIHL not Premier Inn Ltd. (although it did correctly reference the case at the top as Premier Inn Ltd v Me) so really I don't think the court should be accepting any correspondence from them at all.

    Thanks,

    E


    Email from me 16th November:
    Click image for larger version

Name:	1.png
Views:	1
Size:	134.2 KB
ID:	1631998

    Court Auto Reply:
    Click image for larger version

Name:	2.png
Views:	2
Size:	261.1 KB
ID:	1632000

    Email from court 18th November (Containing same defence as posted above):
    Click image for larger version

Name:	3.png
Views:	1
Size:	190.1 KB
ID:	1632002

    Reply from me 18th November:
    Click image for larger version

Name:	4.png
Views:	1
Size:	96.6 KB
ID:	1631999

    Court Auto Reply:
    Click image for larger version

Name:	5.png
Views:	2
Size:	261.1 KB
ID:	1632001

    Reply from court (to my email from 16th November) 21st November:
    Click image for larger version

Name:	6.png
Views:	2
Size:	16.9 KB
ID:	1632003

    No further replies.





    Attached Files

    Comment


    • #17
      R0b may have another view, but I think there is little point pursuing that line further. You would need to make a formal application for judgment, paying the Court fee. While in the hearing you would point out the offending paragraph to the judge, he/she may well consider that there is enough of a defence that the named defendant is not liable and that you should have applied to amend the claim (as discussed in the earlier part of this thread) instead.

      My own view is that showing the complete lack of clarity on the part of 'Premier Inn' about who you were contracting with, the judge may consider that they brought this on themselves and should pay the costs of that application.
      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #18
        I was just about to say the same thing as Atticus, definitely not worth the hassle because bringing an application would put Premier Inn on notice and they could remedy the issue by simply filing a defence before any hearing is heard so you would end up losing out on time and costs.

        Plough on but I wouldn't alert them to the issue until the hearing and use that as your primary argument with the judge. I would be cheeky and at the start of the hearing, make an oral application for summary judgment on the basis there is no defence filed by the defendant. I'm sure Premier Inn will defend it and try to argue that they should be allowed to file a defence but really you should resist that for reasons already explained e.g. the defendant named in the defence is not party to the claim and the defence makes it clear that it is being filed on behalf of the wrong defendant. They can't have a second bite at the cherry and seriously prejudices your position when they have had plenty of time to file one, not to mention they have legal representatives who should know better. This is not simply chalked down to a mistake.

        Personally, I would file the directions questionnaire as normal, and select no as the option for mediation then wait for a date for your hearing but it's up to you. Whilst you wait for the hearing you can then start on your witness statement.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #19
          Thanks again both of you. Regarding the N180, what reasons should I give for declining the option of a judge making a determination without a hearing?

          Thanks,

          E

          Click image for larger version

Name:	Screenshot 2022-11-26 182436.png
Views:	1
Size:	173.9 KB
ID:	1632263


          Comment


          • #20
            you could refer to the paragraph in the defence where it is said that the defendant should be substituted.
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #21
              Would that not give the game away, given that I have to send a copy to the defendant?

              Comment


              • #22
                You need to tell the court and the other party what order you are asking the court to make, and why. I suppose some may consider that to be "giving the game away", but openness is required.
                Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #23
                  Originally posted by R0b View Post
                  Plough on but I wouldn't alert them to the issue until the hearing and use that as your primary argument with the judge. I would be cheeky and at the start of the hearing, make an oral application for summary judgment on the basis there is no defence filed by the defendant. I'm sure Premier Inn will defend it and try to argue that they should be allowed to file a defence but really you should resist that for reasons already explained e.g. the defendant named in the defence is not party to the claim and the defence makes it clear that it is being filed on behalf of the wrong defendant. They can't have a second bite at the cherry and seriously prejudices your position when they have had plenty of time to file one, not to mention they have legal representatives who should know better. This is not simply chalked down to a mistake.

                  Personally, I would file the directions questionnaire as normal, and select no as the option for mediation then wait for a date for your hearing but it's up to you. Whilst you wait for the hearing you can then start on your witness statement.

                  Hi Rob, do you have any suggests for how I can answer Section D of the N180 without alerting them to the issue?


                  Many Thanks,


                  E

                  Comment


                  • #24
                    I would just tick no to that box and leave the reason why blank. I don't know why the form has introduced this question because you aren't really obliged to answer. In accordance with CPR 27.10, claims allocated to the small claims track me be heard without a hearing if all parties agree, but there's nothing in the CPR that requires you to explain your reason.

                    IF you want to put something in there or you are asked by the court to respond you may want to say something like there are questions you would like to put to the Claimant under cross examination to support your defence.

                    I completed the DQ recently and ticked no without explaining why and the court never questioned it, but that's not to say it won't happen to you. I would avoid explaining simply because you don't have to and point the court to the relevant rule in the CPR then put the onus on them to point out where in the CPR you are required to explain your reasons for refusing to explain why the claim should not be heard on the papers (there isn't a rule as far as I'm aware, only 27.10).
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #25
                      So is the OP not going to apply to substitute the defendant?
                      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #26
                        Originally posted by atticus View Post
                        So is the OP not going to apply to substitute the defendant?
                        The OP has chosen not to, and I would be inclined to agree with the OP in this case - nothing on the website suggests Premier Inn Hotels Limited was the contracting entity and there are a number of factors pointing strongly towards Premier Inn being the contracting entity not PIHL. Just because PIHL says the contract was supposed to be with them and not PI, doesn't automatically make it so.
                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                        Comment


                        • #27
                          Thanks Rob, I've submitted the form without an explanation for part D. I'll let you know if I hear anything.


                          E

                          Comment


                          • #28
                            Just to update you, I have received a copy of an N180 completed by PIHL and served to me via their solicitor. The form does not mention PIL only PIHL.

                            The form they have completed is an old version of the N180 from 2014, which does not include section D (regarding the suitability for a determination without a hearing). They have failed to comply with the instructions sent from the court "Both parties now need to complete the attached Directions Questionnaire before xx/xx/xxxx" because they have filled out a different form and the deadline has now passed. Is this reason enough to request a default judgement?


                            Thanks,


                            E

                            Comment


                            • #29
                              No. Sorry.
                              Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                              Comment


                              • #30
                                I now have a hearing date set and I wondered if anybody would be willing to take a look at the witness statement I have drafted and offer any further advice please?

                                I'm not sure how much information I should leave out of it regarding the misleading company name, in order to prevent the defendant from coming to the hearing prepared for that battle. Though likewise, I don't know how much I should include such that I can rely on it if the case isn't immediately ruled in my favour.

                                I've attached it below.


                                Many Thanks,

                                E


                                Click image for larger version  Name:	Screenshot 2023-03-02 203741.png Views:	1 Size:	83.3 KB ID:	1639545

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X