Help....School Fees

[jaguarsuk]

Hi all

I have now received a Court date for April 2019.

I have a few questions and will post these in the next day or so, aminly around proceedure. All help gratefully appreciated.

Okay, plenty of time to prepare.

[Farmer Jones]

Hi
The case is listed for 9th April 2019, and the other side offered to settle out of court for £3,500. They have now offered to settle for £3,000 after I sent them a without prejudice letter pointing out the relevant section in the contract.My finances have improved a bit and am now considering options, going forward. Can I request to strike out at this stage ? What happens if I loose this "strike out" thing ?

Advise please.

[jaguarsuk]

You can make an application to the court at anytime, however the consequences of losing could be a cost order against you.

If sucessful in the application you you could ask the court to award costs of making the application to you.

That they have have lowered their offer on the basis of their contract term being highlighted to them is a good thing, but it is only a small decrease and therefore not a massive admission of being scared they’ll lose.

I’d be inclined to inform them with their hearing fee due to be paid that a Notice of discontinuance will cost their client nothing, then I would not pursue their client for costs.

However, it’s your claim and you might want to keep the option of pursuing costs on the table.

[Farmer Jones]

You can make an application to the court at anytime, however the consequences of losing could be a cost order against you.


I’d be inclined to inform them with their hearing fee due to be paid that a Notice of discontinuance will cost their client nothing, then I would not pursue their client for costs.

I am sorry I don't understand what you mean by this. Would you explain please.

[jaguarsuk]

I am sorry I don't understand what you mean by this. Would you explain please.

Apologies for the delay in reply, I have been abroad for a few days working.

You can apply to the court at any time during proceedings for any number of things, but the cost of the application (£255) shouldn't be the only consideration to costs. The chances are that they would defend any application to strike out and if they were successful in that defence the solicitor will ask the judge to award their costs against you and so you could end up with a fairly hefty costs order against you to pay.

You can actually at this stage pursue them for any costs as from what you have posted here they can't be deemed to have conducted themselves unreasonably, but saying you won't pursue them for your costs in a letter makes it sound like you are giving them a free way out of the claim at this stage.

If it were my claim I would write back to them heading the letter "Without Prejudice Save As To Costs" declining their offer to settle as it has been pointed out that by the terms of your contract with them you do not owe the alleged sum, but if they file a Notice of discontinuance to end the claim I wouldn't pursue them for my costs. And I would add that should it be the case the claim is heard on 9th April 2019 on succeeding in defeating the claim for the reasons above it would be my intention to ask the court for costs at a Litigant in Person rate of £19 per hour for the considerable amount of time spent researching and dealing with this matter.

You know you can't actually claim any costs, but sometimes the threat is enough.

[Farmer Jones]

Hi
Thanks for this. I have written to the other side with an offer as outlined above.
I am now considering my defence in court, in terms of assembling the paperwork, which is:
I have one statement from a witness.(From my former wife indicating she gave notice)
A copy of the contract
A letter from the other side saying this is a contractual dispute only.
The answer to the question I posed about class sizes

What so I need to do next ?

[jaguarsuk]

Hi
Thanks for this. I have written to the other side with an offer as outlined above.
I am now considering my defence in court, in terms of assembling the paperwork, which is:
I have one statement from a witness.(From my former wife indicating she gave notice)
A copy of the contract
A letter from the other side saying this is a contractual dispute only.
The answer to the question I posed about class sizes

What so I need to do next ?

If you haven't already work on your Witness Statement