Breach of Contract options

[LegallyNaive]

Help in completing N1
As a LiP I was intending to add that info to the Ni form brief summuary section. Is that the proper place?
Should I separately notify the defendants solicitor or will they obtain via the court?

[Celestine]

Have you written back to the Defendants solicitor? Have you done the correct pre-action notification? Now they are represented it would be wise to explore options with their solicitor because although their legal letter sounds aggressive it is also an opportunity to sort this out in a more sensible and calm manner. Presumably their solicitor is less sensitive and alarmist than they are being…one would hope!

[LegallyNaive]

Now back to grappling with this haressment claim after being hospilalized due to stress after recieving letter of claim.




I have found a couple of defences against harrassment: Compliance with law or enactment

Reasonable conduct

Can I claim that my emails were sent to fulfil the requirements stated in CPR pre-trial protocol?

For example form N180 states: 'Under the Civil Procedure Rules parties should make every effort to settle their case. At this stage you should still think about whether you and the other party(ies) can settle your dispute without going to a hearing.

You may seek to settle the claim either by direct discussion or negotiation with the other party or by mediation. '

Or , that my polite,factual, businesslike emails are reasonable conduct.

For example the first one suggesting meditation was:

'..... and it has been suggested that ADR or Mediation should be undertaken as a first step.

This promises a quicker and cheaper resolution of our dispute with the added advantage if an online mediation service is chosen (preferably Zoom based as being the least disruptive) giving less interruption to your new business venture.

Please let me know if that approach is acceptable to you.

Yours sincerely'




Other emails, althouigh longer, are in a similar vein.




No different to a Counci Tax bill or a demand from HMRC. Not particulary welcome but part of life.

[Celestine]

I would t get too distracted by the harassment allegations. It’s intended to deter you from contact and you can pay any solicitor £250 to send such a letter even if the communication was reasonable.
On the plus note, now they have instructed solicitors it gives you a nice simple route of communication to get your primary dispute settled.

[LegallyNaive]

Thanks Celestine for that re-assuring post. I must admit that receiving that harassment claim really upset me.

Can I counterclaim either the solicitors and/or their clients for harassment/malicious communication or anything else for sending such a trumped up claim?

[LegallyNaive]

Finally got my claim issued after several attempts. Initially sent the claim form to the local court as wanted SP but was directed to use Salford as all Part 7 claims are initially handled there.




My copy of the Notice of Issue (specified amount) seems only to deal with payments.

Is this form always used to initiate proceedings regardless of the relief requested?

[LegallyNaive]

After some correspondence with the local county court and Salford I got my claim accepted. Now, not entirely un-excpectedly the defendants are applying to have the case struck off. Their solicitors have sent me a letter giving their reasons why my claim will fail and inviting me to amend my claim which I am not going to do.

However, I have a question about procedure. Do I get the opportunity to rebut their allegations so allowing my case to precede