Hi there - professional negligence claim

[des8]

There are worse places!

[jonnyd85]

I think I've lived in some of them. All English though!

[jonnyd85]

In court tomorrow. Any useful tips or tricks from anyone?

[des8]

Be polite and respectful
Don't interrupt anyone
Only speak when asked to
Refer to judge as "sir" or "Ma'am"

Pob lwc

Croeso i Caerdydd

[jonnyd85]

des8 - he didn't turn up, and hadn't filed a defence. Not unsurprisingly, his application was dismissed. My costs were laughably small in the end so the judge more or less said "it's not worth it" and I agreed

I'm not sure what the next steps are beyond enforcement as the 28 days has passed since the default. Do you think it would be worth calling him? I'm becoming paranoid that he is receiving no post!

[des8]

This guy has been through the mill previously I should think, he seems to know all the tricks to postpone the day of reckoning.

No point in trying to reach out to him, even if you do he will only try to take advantage
Go for enforcement and hope he has assets which can be controlled ..... this goes back to our earliest posts questioning whether or not it is always worth suing.

Good luck anyway, and have a good Christmas

[jonnyd85]

Shall do. I think the best think to try and do is secure the debt against his home. Do I have to wait for the paperwork from the court that his application was dismissed?

[des8]

No, because the result of the first case was never revoked it still stands.

[jonnyd85]

I hit 'post reply' too quickly.

Wanted to also add many thanks over the many posts here that have got me to this point. And I also wish you Nadolig Llawen (hopefully that's right!)

[des8]

[jonnyd85]

Hope you had a good Christmas!* I've decided to try two things at once - have him ordered to attend court to detail his finances; and also place a charge on his property.* The form for the first is straightforward.* But the N379 for the charging order has a big box asking if the is anything I want the judge to take into account - not sure if there is anything worth putting here.

I've assumed he has no other creditors and all the interested parties are those on the land registry entry, who will also require service.

[des8]

Can't think of anything to put in that box.
Issuing the interim charging order is dealt with as an administrative function by CCMCC
Once the interim charging order has been made the court will require you* to serve it. For this purpose suggest that when applying you file two copies of your completed application form and all supporting documents so that the court can return one sealed set to you, which you can then photocopy and serve on the relevant parties.

CPR 73 & CPR PD 73 apply

[jonnyd85]

Cheers- I will read up*

[jonnyd85]

Interestingly, 73.7 doesn't appear to include a requirement to serve on the people who have an existing charge on the property? So I believe in this case it is just the judgement debtor and their spouse

[jonnyd85]

No, scrub that. I can't believe that's right.