Solicitor states I am liable for their costs for hearing if i disagree consent order

[Hope4justice]

Hi, thank you both for the information. Sorry about the spelling (lol :0D, spell checker doesn't recognise it wit a c), I always seem to get that word wrong. I should have also said, but it probably doesn't make a difference, the order stated serve on the claimants, I don't' want to assume this means their solicitors. Shame they don't make things clearer for LIP's.

Do I complete it on the form that came with the response pack or separately? If separately how do I set it out?

Regarding my other question
"Also is there a rule in the Civil Procedure Rules or elsewhere that states that a litigant in person should not contact their legally represented opponent directly?" what is the law on this? I am not referring to service of documents.

[atticus]

You may contact your opponent directly. She may ask you to go through her solicitor.

The Judiciary has published a guide for litigants in person - link in my signature block.

[Hope4justice]

With regards to drafting defence following set aside hearing do I file it on the form that was sent with the response pack by the court, form N11 or just as a document?

[atticus]

Either. Is there enough space on the form for all you wish to say?

[Pezza54]

There is an Example Defence under "SHORTCUTS" on the right hand side of this page.
It will clearly need adapting to suit your defence

[Hope4justice]

Thank you for your responses.

Atticus - The defence will be pages long.

I noticed the example defence the other day thank you.

I have read that for each point in the particulars of claim one must state admitted, denied, neither admitted nor denied. Which seems straight forwards, however where for each point they have just stated clauses in the lease that sets out my obligations to the landlord what am I to do then without falling into a trap? Or another example, one point states "These steps are being taken in contemplation of forfeiture" How do I respond to that point? At the beginning the points lay out the relationship between the parties again, what I am supposed to say? Admitted?

Is it worth asking for the case to be transferred to the first tier property tribunal and out of the civil court. What are the risks and advantages of both routes?

[atticus]

The time has come for you to give details of the case if you want properly considered answers to those questions.

[Hope4justice]

I am under pressure with time and I do not want to inadvertently identify myself

[Pezza54]

When denying a point in a claim it is important the defendant provides a reason why they are denying it and if possible state their version of events. If there is evidence to prove the defendant's denial, the defence should state that evidence will be provided at a later date
There is no harm in admitting to truthful points in the claim. The judge will want to see that attempts have been made to highlight disputed items

[JK2054]

Thank you for your responses.

Atticus - The defence will be pages long.

I noticed the example defence the other day thank you.

I have read that for each point in the particulars of claim one must state admitted, denied, neither admitted nor denied. Which seems straight forwards, however where for each point they have just stated clauses in the lease that sets out my obligations to the landlord what am I to do then without falling into a trap? Or another example, one point states "These steps are being taken in contemplation of forfeiture" How do I respond to that point? At the beginning the points lay out the relationship between the parties again, what I am supposed to say? Admitted?

Is it worth asking for the case to be transferred to the first tier property tribunal and out of the civil court. What are the risks and advantages of both routes?

If you don't know then just say


Point X is noted

or

Point X is neither admitted nor denied [and the Defendant is put strict to proof]

[Hope4justice]

Does anyone know how long it should take for the court to give an answer to an application for an extension? Deadline for submission of documents is the end of the week. I wanted to apply today for an extension and mark it as urgent so they get back to me hopefully today with answer otherwise there is no point in applying.

Does anyone know how to get the courts to act promptly?

If the over-riding objective of law is fairness how is it fair that someone who has a very straight forward case gets the same amount of time to respond to particulars of a claim as some-one who's case is very complex and needs alot more research on the law? That does not seem fair to me.

[Hope4justice]

A few more questions....

1. Does anyone know how long it should take for the court to give an answer to an application for an extension? Deadline for submission of documents is the end of the week. I wanted to apply today for an extension and mark it as urgent so they get back to me hopefully today with answer otherwise there is no point in applying.

2. Does anyone know how to get the courts to act promptly?

3. Thinking out loud - If the over-riding objective of law is fairness how is it fair that someone who has a very straight forward case gets the same amount of time to respond to particulars of a claim as some-one who's case is very complex and needs alot more research on the law? That does not seem fair to me.

4. If a court order states that a claim will be struck out if particulars of claim are not met does there will there still be a hearing on it to discuss the strike out and allow the claimant to respond?

[atticus]

1. I do not know. Make the application asap. Mark it as urgent. You would be unwise to expect a same day service.

2. Vote for a government that will fund public services properly.

3. That is why there is the same basic not very long period, with extensions being possible.

4. That depends on the wording of the order. In many cases the strike out is automatic if the order is not complied with.

[Pezza54]

CPR Part 34 Witness Summonses is not excluded on the small claims track, A separate witness summons has to be served on every witness required to attend the final hearing
You should make every effort to file your defence by the deadline set by the court
As your defence has not been filed the claim has not been allocated to a particular track
When you receive the Directions Questionnaire the claim will have been provisionally allocated to a track
The claimants' solicitor will want the claim allocated to the fast track so they can recover their costs from you if they win the case
You want the claim allocated to the small claims track to avoid this possibility so you should agree to the small claims track or argue against the fast claims track on the DQ
You stated that you didn't think the claimant would attend court. Claimants are expected to attend the final hearing but their legal rep can present the claim on their behalf.
On the DQ you should state you don't consider the claim is suitable for a decision without a hearing as you want to cross examine the claimants

[Hope4justice]

Thank you for your responses.

1. Is an e-mail to the court office sufficient for requesting an extension?
2. Can I serve defence documents (a pdf) on the claimants solicitor by e-mail? The solicitor has provided an e-mail address on the claim form but I would rather be safe than sorry.
3. And is it ok to send it from a temporary e-mail address?