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Directions Questionnaire N181

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  • Directions Questionnaire N181

    I have received a Directions Questionnaire N181 from the court regarding my claim against a barrister for professional negligence.
    Regarding part A Settlement. I have requested to settle the claim before the hearing but the defendant refused any type of ADR. Do I tick the yes box that I would like to settle the claim although I have attempted this and it has been refused.
    Regarding part C pre action protocols. I to the best of my knowledge have complied with the protocols, but the defendant has not. Do I tick the yes box and rely on defendant to be truthful in that they have not supplied evidence?
    Regarding D3. I do not understand this section at all. Most of my case is on paperwork although it has been done in a word processing application. Is this then electronic documentation? I have no idea which boxes to tick. Defendant has advised awaiting a case management hearing regarding disclosing documents.
    Regarding D4. What does this mean?
    Regarding E Experts. I have expert evidence that was used at the hearing. I wish to use this again. Do I tick the yes box or does it mean new expert evidence acquired since the hearing.
    Regarding J Directions. As I am a LIP will the defendants solicitor do this for me to agree or disagree?

    Think I posted in the wrong section previously so posting again!
    Tags: None

  • #2
    Originally posted by blondelady View Post
    I have received a Directions Questionnaire N181 from the court regarding my claim against a barrister for professional negligence.
    Regarding part A Settlement. I have requested to settle the claim before the hearing but the defendant refused any type of ADR. Do I tick the yes box that I would like to settle the claim although I have attempted this and it has been refused.
    Regarding part C pre action protocols. I to the best of my knowledge have complied with the protocols, but the defendant has not. Do I tick the yes box and rely on defendant to be truthful in that they have not supplied evidence?
    Regarding D3. I do not understand this section at all. Most of my case is on paperwork although it has been done in a word processing application. Is this then electronic documentation? I have no idea which boxes to tick. Defendant has advised awaiting a case management hearing regarding disclosing documents.
    Regarding D4. What does this mean?
    Regarding E Experts. I have expert evidence that was used at the hearing. I wish to use this again. Do I tick the yes box or does it mean new expert evidence acquired since the hearing.
    Regarding J Directions. As I am a LIP will the defendants solicitor do this for me to agree or disagree?

    Think I posted in the wrong section previously so posting again!
    I think you should always look to mediate, so settlement id say tick yes.

    On the Defendant not complying with the protocol, you must answer for you and you only, the defendant may say they have complied, then it is up to you to argue that they havent.

    The remaining questions are tricky to answer, are there any electronic docs? i dont know nor do i know if they are discloseable
    As for directions, you could try and invite the Defendnts lawyer to propose some draft directions or you could use the MOJ website here to create your own http://www.justice.gov.uk/courts/pro...ard-directions
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Thanks for your help, greatly appreciated.

      Comment

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