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Small Claims - breach of contract glazing

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  • #16
    I received further communication from mediation after both parties agreed to mediation in the Directions Questionnaire (as it seemed).
    But upon contacting the service I was informed the case will proceed to a hearing as the other party did not meet the criteria for mediation i.e compromise or negotiate and mediation is closed.

    It is most unfortunate this information cannot be used in court, when in reality the defendant did not even actually enter mediation at all. Clearly the other party has been acting out of spite, ticking boxes to satisfy the court requirements but with absolutely no intention to settle.

    Awaiting hearing date and response to expert report admission...

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    • #17
      I am now considering sending a Part 18 request to the defendant to provide the documents alleged to be attached with defence and counterclaim #10 (the docs were missing and Money Claim also said they did not receive)

      Can you help me in terms of the wording and what constitutes a reasonable timeline? In the event they ignore I believe an application can be made to the court to strike out?

      edit: I am a little confused as to the appropriate CPR for disclosure of information.
      I have read solicitors suggesting Part 18 is applicable to small claims but also read that to request documents CPR 31 is appropriate and CPR 18 is for questions.

      What would be the best way to both request documents above but also submit a question for the defendant to (finally) provide the measurements they support/disclose in their defence and refused to provide pre-action. Mind you those measurements confirm exactly what they have been sued for and therefore unlikely to be willing to provide them.
      Last edited by pyrocluster; 16th March 2019, 18:35:PM.

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      • #18
        Sorry forgot to add on the above, how significant is adding the CPR pursued in the initial letter request?

        For example if they don't provide the information after 14 days, would I be able to file an order on the basis of either CPR above?

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        • #19
          On a different note to requesting further information above,

          I received response from the court regarding the expert report permission,

          "If the claimant wishes to rely on expert evidence, he must make formal application on form N244 supported by evidence, to be filed and served by XX April"

          Does this mean I need to submit the report to the court for review? And how/what should I complete/include into the N244 in this case?

          I couldn't understand the strict 3-week deadline given that a hearing date is not yet set.



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