Fast track case

[Armughan]

Hi,
I am really looking for urgent help. I’m in dispute with my landlord and the case is sent to Fast track.
According to court directions and request from claimant for copy documents,I need to supply the copies after the exchange of standard disclosure by list. I really need help on following issues:
1. Do I have to send the copy of documents to court as well?
2. Is it ok if I send the documents to claimant by post.Please note that we exchanged the standard disclosure list by email.
3. Do I have to include any letter with specific wording(law) along with the documents with details of the claim and court?
4. I have disclosed & listed 15 documents in standard disclosure.Do I have to segregate the documents according to list and send them by exhibits like Exhibit 1, Exhibit 2 ....Exhibit 15 or just make a bundle of all the documents and send it to the claimant and court?

I will appreciate your help.

[echat11]

Hi ARMUGHAN

Celestine Can you please take a look and advise. Thank you.

[Celestine]

Hi,
I am really looking for urgent help. I’m in dispute with my landlord and the case is sent to Fast track.
According to court directions and request from claimant for copy documents,I need to supply the copies after the exchange of standard disclosure by list. I really need help on following issues:
1. Do I have to send the copy of documents to court as well? No but make a set for later on inclusion in your court bundle.
2. Is it ok if I send the documents to claimant by post.Please note that we exchanged the standard disclosure list by email. Yes, but make sure you send a written confirmation of their sending by email and ensure you send recorded delivery in plenty of time before deadline.
3. Do I have to include any letter with specific wording(law) along with the documents with details of the claim and court? Just a standard cover letter with claim number, court and parties and titled Disclosure
4. I have disclosed & listed 15 documents in standard disclosure.Do I have to segregate the documents according to list and send them by exhibits like Exhibit 1, Exhibit 2 ....Exhibit 15 or just make a bundle of all the documents and send it to the claimant and court?No that is for witness statements. Just send them over as is, later on they will be titled as exhibits to your witness statement; which is usually done as your initials + 1,2,3 etc
I will appreciate your help.

Hope that helps

[Armughan]

Thanks for answering my questions. Today, Further to this case, I submitted Defence and Counter on Claim Form (Additional Claims-CPR Part 20) x 3 copies and paid the counter claim fee accordingly.

The claimants in their reply to Defence and counter claim asked the judge to strike out my counter claim alleging that it has not been particularise properly.

Today, I received a letter from the court for the trial hearing date in next few months.The exact wording of the letter is as follows:-

“Unless the claimant does by 4 pm on 7 March 2022 pay to the court the trial fee of £545 or file property completed application, then the claim will be struck out with effect from 7 March 2022 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.”

I need to about the following and would appreciate if someone can help me out being a litigant in person who is really in need of help.

1- Looking at the wording of the letter, does it mean that the court/judge is convinced with the claimant’s argument about my counter claim and it won’t be considered anymore or simply my counter claim has failed on technical grounds?

2- How and when to submit the cost occurred by me in this case and what I can include as costs being a litigant in person?

many thanks

[Celestine]

Hi

That is not a just a letter from the court - it is an Order. It will have been sent to both parties.

You are the Defendant. They are the Claimant, for the purpose of this Order. (I know the counterclaim makes things a little more confusing).

Reading between the lines, you say the Claimant 'wrote to the Judge requesting the counterclaim be struck out because it was not properly particularised'?

The wording in the Order is, "to pay the trial fee of £545 OR FILE PROPERLY COMPLETED APPLICATION". I interpret this as meaning the Claimant literally wrote asking for the counter-claim to be struck when in fact he should have submitted an N244 application and the court is now asking him to do so or the case will proceed as normal to final hearing with the counterclaim. If he has submitted an N244, it is not correctly worded, but I suspect he just wrote a letter....

If I am correct in my interpretation, this means the pressure is on the Claimant, not you. However, the Order wording is somewhat unhelpful, so please do ring the court for proper clarification that this Order applies in the way I suggest.
On the point about LIP costs, you can just submit a simple schedule (spreadsheet) of your hours spent on the case, submit to court and opponent a minimum of 14 days before the hearing but allow for your time attending/prepping for the hearing.