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Civil Claim missed directions
Dear All I’m hoping for some guidance. I brought a civil claim in 2024. The defendant gained my claim notice online and instantly issued a defense which was sent to the court and me. Since completing the n180 they did not opt for mediation, I did. We then gained a court date and instructed to exchange witness statements and supporting docs a specific number of days before the hearing. I exchanged mine and complied with all dates but the defendant didn’t as expected send a defense as they had already shared this back in June. After the date for exchange came and went the defendant wrote asking for an extension with my consent. My concern is if I say no this will be seen as obstructing despite the fact I have offered mediation for the past 8 months. I see no value in extending this as it’s already gone on too long. If I say no to this what’s likely to happen and should I inform the court of this and any rejection. Small claims court for 2k.
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Ultimately, it will be down to the Judge / Court, as to whether to allow it or not.
https://www.justice.gov.uk/courts/pr...s/part32#32.10
You could agree to it, but include reasons why it 'unfair' to you, as you've complied with the Courts order
i.e. the Defendant hasn't given a reason why they failed to exchange Witness Statements, they had ample
time to prepare and exchange a Witness Statement etc. -
Thank you ECHAT11 this is super helpful. The defendant has a lawyer but I’m managing this myself. The lawyer said if I agree to this date change he will inform the court that we have agreed. I don’t want to be difficult but their justification for the delay is not substantial other than they seemed to not give this priority. I’m inclined just to go back and say no. My hearing is in a matter of days so if they were to extend by the time I gained the statements etc it would only be a few days before the court date which seems unfair. I managed to comply with the date as a litigant in person so I don’t understand why as a large company with all the resources couldn’t comply.Comment
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You could say 'No' give your reasons, that it's a 'large' company with 'resources'.Originally posted by Gremlin1 View Post
They have 'resources' you don't have, yet you managed to comply with the Order, that it's 'unfair' to you.
Just 'bear in mind', that the Judge / Court might allow them to submit their Witness Statement.
But it will show the Court that you are 'unhappy' at them not following CPR Rules.Comment
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Ok will do. I’ll say no but first ask why the delay and see what they say. Overall this has gone on for months and the crux of being here is they have failed to meet any deadline they themselves have set. So I’m less inclined to be lenient as they are highly unlikely to meet this date. I’ll also share my reasons for a no largely being I’ll have less than 7 days to review this when they have had 2 weeks which seems unfair. Many thanks for all your guidance ECHAT11.Comment
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The defendant has put forward a settlement. I have just a one day before the hearing. What is the best approach. Should I still attend the hearing or should I complete an n279 form and alert the court by email. I read something that claims if I discontinue the hearing I could be liable for defendants costs. I want to avoid this and so should I write on the form agreement has been reached and cc the defendants lawyer.Comment
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Yes, I think it's best to fill in an N279email the Court in the Subject line mark it 'Urgent - Settlement Reached - Claim Number - XXXXXXXX - XXXXXX v XXXXXXXXOriginally posted by Gremlin1 View Post
Send a copy to their solicitors via email, same details. But also ring the Court, take name of person you speak to, confirm Hearing has been cancelled.
If the Hearing went ahead, it would be meaningless.Comment
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Ok thank you. The defendants lawyer has agreed the amount by email but I don’t have the funds as yet. Is it safe to cancel the hearing without funds. I assume that it’s safe and just a formality.Comment
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The lawyer has cited part 27 of the civil procedure rules and practice and says I have to vacate the hearing.Comment
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You've got a email from the solicitor stating that they agree to settle the matter.Originally posted by Gremlin1 View Post
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I think he's stating that you need to 'vacate' the Hearing.Originally posted by Gremlin1 View Post
Have you rung the Court to confirm the Hearing has been 'vacated'?
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I gained an email confirmation from the defendants lawyer that the settlement is accepted and he is working to make payment. I in turn emailed the court asking to vacate Eve hearing.Comment
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Thank you to everyone who kindly responded. I was panicking a little as never been through this before. I just hope payment gets made.Comment
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