defending subrogation proceedings

[Manxman]

The CMA has published government guidelines regarding frustrated contracts and customers entitlement to refunds during Covid-19. You should be able to find the document if you google the subject.
Following this guidance your company would only be entitled to keep reasonable costs for services provided i.e. the preshoot. I assume this involves visiting the venues to determine the best place to take photos.
I believe you will have to prove loss of profit in writing (emails etc), when you turned down other jobs because you were holding rebooked provisional dates free.
If you are still unsure, search for solicitors online for help with business contract claims. There are plenty of firms offering free initial telephone consultation. Make sure you have notes of dates, what was said, emails etc to hand...

I believe this is the guidance referred to by Pezza54

Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds - GOV.UK (www.gov.uk)


Also note this point made by Pezza54: "The £9k claim with interest at 8% p. a. from the date of the transaction plus allowable legal costs may take the claim over £10k..If so the claim is likely to be allocated to the fast track not the small claims track. The financial risk of losing increases"

What he means is that if the case is allocated to fast track because the total amount of the claim exceeds £10k, then if you lose you may be liable to pay the insurance company's costs.

[peeta]

Thanks Manxman for the answers and links and much appreciated.

The thing here is, after the initial contract, client kept on requesting additional services which pushed the total price much higher.

We are only holding back, the costs we had incurred in the planning as well as the part of the services we had delivered. These costs are totalling more than the deposit they had paid hence why we are unable to offer them refund.

`if we also take into account loss of profit in the way of decling other orders which fell on the dates for this client - then we have a case to counterclaim!

the insurers have now made a offer of 5k (without preduice save as to costs), but for reasons above we cannot accept that.

Going to find a contract lawyer, but finding a good one is proving difficult.

[peeta]

Hi all,

what is the difference between PART36 Offer withour predudice save as to costs and just without prejudice pls?

Thanks

[atticus]

Part 36 Offer - made under Part 36 of the CPR, which does not apply to claims allocated to Small Claims track.

Without Prejudice Save As To Costs - an offer with a threat to show the letter to the court, arguing you should pay the costs because you have acted unreasonably in turning down the offer (if that is what you do).

Without Prejudice - an offer; should not be shown to the court.

[peeta]

thanks atticus ,

so, both Without Prejudice and Without Prejudice Save As to Costs are both governed by Part 36 of the CPR and only applies for claims more than £10000?

Also, 'save as to costs' cannot be shown to court to arrive at a decision and can only be shown for cost awarding purposes where as just 'without to prejudice' cannot be shown at any time?

[atticus]

thanks atticus ,

so, both Without Prejudice and Without Prejudice Save As to Costs are both governed by Part 36 of the CPR and only applies for claims more than £10000?

No. They are outside the Part 36 regime.

Also, 'save as to costs' cannot be shown to court to arrive at a decision and can only be shown for cost awarding purposes where as just 'without to prejudice' cannot be shown at any time?

See what I said earlier about this.

[peeta]

ok thanks atticus - where can I read about similar cases to understand legal point of views and do some own research on case laws?

[atticus]

You can of course devise your own internet search terms, but this seems like a decent introduction - https://bateswells.co.uk/updates/gui...art-36-offers/

And you could read chapter 18 of this: https://www.judiciary.uk/guidance-an...-civil-221013/

[peeta]

thanks atticus very useful resources, but I originally meant was cases around business contract disputes and subrogation matters - is there anywhere I could find them? I have tried Google without much help - may be the words I am using to search are not relevant.

[peeta]

Hi folks, quick question:

If we are being made an Part 36 offer and if we accept it 'within relevant period' do we also have to pay claimants costs? so, for example if they ask for £5k how much in total we actually be paying them? is there a way to find out?

thanks

[atticus]

one way of finding out is to ask.

[peeta]

as I read here: https://www.stevens-bolton.com/cms/d...l_2013_new.pdf

Part 36 offer is not applicable for claims under £10,000 which is the case here ?

[atticus]

That is not what that article says. It says (correctly) that Part 36 does not apply to claims allocated to the Small Claims Track. That may be where your case ends up, but that is not certain. For example, before allocation, summary judgement might be applied for.

[peeta]

I am bit confused atticus

the email we received says this

Without Prejudice Save s To Costs

Part 36 Offer To Settle

....


We therefore wish to make the following offer to settle under CPR Part 36 which is intended to reflect a reduction in the quantum sought in order to encourage an early resolution of this claim without incurring additional costs (against the backdrop of court proceedings).



This offer is intended to have the consequences set out in Part 36 of the Civil Procedure Rules. As such, we require your response within the next 21 days “the Relevant Period”.

--------

so if Without to Prejudice Save as To Costs. and Part 36 are governed by different regimes (later by CPR 36) - can they be combined in this manner please ??

[atticus]

yes.