Defending a Claim with Vague and Incoherent Reasons

[BigJ]

Your ADR requests is something that should be made known to the Judge when the consideration of costs arises.

https://www.justice.gov.uk/courts/pr...ctions/general

I see, many thanks for the explanation.

[BigJ]

One more question, if I'm submitting this as a PDF by email, how do I 'sign' and date it?

Thanks, John

[echat11]

One more question, if I'm submitting this as a PDF by email, how do I 'sign' and date it?

Thanks, John

Several ways,
print it off, sign / date, scan, convert to PDF.
sign a sheet, scan sheet, then attach signature to PDF.
https://helpx.adobe.com/reader/using/fill-and-sign.html

[BigJ]

Thanks for all the help so far echat11 and efpom. I submitted the witness statement and evidence bundle by the 4pm deadline today - copy to court and copy to claimant, by email.

Not surprisingly the claimant has not sent me his statement or evidence.

Can and should I start following up with the court in a day or two to complain that he has failed to follow the court's order to send me (and perhaps the court) the documents - asking for the claim to be struck out? Or do I leave the it to the hearing to raise the issue - assuming the claimant pays the hearing fee?

Many thanks, John

[efpom]

If the hearing fee has not been paid the claim is automatically struck out. if no witness statement, which is the witness's evidence in chief, is filed with the court and copied to you, the witness is not now permitted to give his evidence in chief, orally at trial. The only evidence is, therefore the particulars of claim. If the claimant fails to serve the witness statement on you, but files it with the court he is in breach of the court's order to do so, and is likely to have a costs order against him and runs the risk of his claim being struck out.

I would wait a few days and then ask the court office id a) the hearing fee was paid on time, or not paid at all, and b) ask if a witness statement or statements have been filed with the court. If witness statements have been filed, ask the court office for copies and ask the court office to note that the reason for asking for copies are because the claimant failed to copy you with those.

[BigJ]

Thanks efpom I'll leave it a few days then ask about the witness statement. Weirdly the hearing fee isn't due till December (hearing in January).

Regards, John

[BigJ]

The court have just come back to me letting me know that "The Court has received no documents from the Claimant either.".

I'll chase them again late December and see if the hearing fee has been paid (due mid-Dec.).

[BigJ]

To close this off, the court have confirmed that the hearing fee has not been paid, and therefore:

The claim will be struck out and the hearing vacated.

We will write to you with confirmation once this has been done.

Thanks to everyone for their help in dealing with this.

Regards, John

[echat11]

Well Done, make sure you get the confirmation.

[efpom]

When you get confirmation submit your schedule of costs to the court - copy claimant

https://assets.publishing.service.go...1/n260-eng.pdf

[BigJ]

When you get confirmation submit your schedule of costs to the court - copy claimant

https://assets.publishing.service.go...1/n260-eng.pdf

That's interesting I didn't realise I could still claim costs even if there had been no hearing. I will be sure to do that to discourage this rogue trader from trying it on with other people who may be less willing to stand up to him.

Thanks for the help once again.

Regards, John

[EnglandPi]

Surely costs can only be claimed by the Legal Profession?

[efpom]

See CPR 37A1(7)(c)

You claim your time at the Litigant in Person rate £19.00 per hour. Remember to include any other expenses you have been put to.

[BigJ]

Surely costs can only be claimed by the Legal Profession?

That doesn't seem reasonable a LiP has still spent their time preparing their claim/defence. And in some cases - like mine - it's time that could have been better spent elsewhere has the claimant not behaved unreasonably and wasted both mine and the court's time.

[efpom]

Contrary to post 57, a litigant in person is entitled to costs at the litigant in person rate.