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Hi there,
I have received a claim that is being proposed for allocation to the multi track.
I have to complete N181 form, but was hoping that the court would dismiss the claim for the following reason:
The claim is for a sum of money due under a contract. That particular contract requires that the claimant can only bring a claim once a defined process for handling disputes is completed. That process includes a number of steps, including Mediation and a 30 day cooling/negotiation period after the Mediation. It is specifically designed so that there is a good period of time to discuss before going to court.
The actual product/service being provided by the claimant is a complex one and they have failed to deliver, which has resulted in losses and extra costs to put right what they bodged up.
At the first stage of receiving the claim I stated it was a defended claim, but did not do a counter claim purely because the court fee for counter claim is about £2.5k, and I would of course prefer the case to be dismissed so the contract route can be properly completed and hopefully there will not be recourse to a court.
One other thing, which I don't believe will be a big deal to the court (beyond making the claimant either substantiate it or adjust their claim) is that the claim value is about £4k too much. Not sure if that is pertinent.
My question is I guess what is the best way to complete the N181 with the above in mind. And how should I complete part D1 and D2?
For Disclosure of documents should is Standard Disclosure sufficient?
I also see section J Directions but have no clue what I should put here. I'm having a read of https://www.justice.gov.uk/courts/pr...ard-directions and hopefully might learn a thing or two. Do I have to complete this section and would it be here I would request the "dismissing" of the claim?
Thank you in advance!!
I have received a claim that is being proposed for allocation to the multi track.
I have to complete N181 form, but was hoping that the court would dismiss the claim for the following reason:
The claim is for a sum of money due under a contract. That particular contract requires that the claimant can only bring a claim once a defined process for handling disputes is completed. That process includes a number of steps, including Mediation and a 30 day cooling/negotiation period after the Mediation. It is specifically designed so that there is a good period of time to discuss before going to court.
The actual product/service being provided by the claimant is a complex one and they have failed to deliver, which has resulted in losses and extra costs to put right what they bodged up.
At the first stage of receiving the claim I stated it was a defended claim, but did not do a counter claim purely because the court fee for counter claim is about £2.5k, and I would of course prefer the case to be dismissed so the contract route can be properly completed and hopefully there will not be recourse to a court.
One other thing, which I don't believe will be a big deal to the court (beyond making the claimant either substantiate it or adjust their claim) is that the claim value is about £4k too much. Not sure if that is pertinent.
My question is I guess what is the best way to complete the N181 with the above in mind. And how should I complete part D1 and D2?
For Disclosure of documents should is Standard Disclosure sufficient?
I also see section J Directions but have no clue what I should put here. I'm having a read of https://www.justice.gov.uk/courts/pr...ard-directions and hopefully might learn a thing or two. Do I have to complete this section and would it be here I would request the "dismissing" of the claim?
Thank you in advance!!
