harasment from claiment

[Crazy council]

Are there any methods you can use to protect a defendant from a vatatsus claimant.

Defendant is a company ( engineering/manufacture )

Claimant is a bat S@#+ crazy bitter woman whos ferrell offspring are the local crime wave


18 months after an large item was manufactured and fitted, she basically complained but demanded money at the same time. An attempt to appease her was made with little success ( she wanted money ). There was no acceptance of her complaint. ( she was basical making it up ).

numerous allegations threats have been received for the claimants since. just the right side of harassment

At court the other day, the mediator basically told them they have no chance, and the judge ordered them to to get an experts report ( knowing thats not possible ) to counter our reports, if they wanted to take it further.

Both the judge and mediator seemed to see what the woman was doing... and told her the only part that will be looked at if she CAn prove any fault would be the painted finish.

So, we can leave the above to the court,,, but, yesterday and today, we have been receiving emails from the claimant...


I say emails..... perhaps epic scripts would be more appropriate... honestly, there laying it on thick, then theres doing it titanic style. It seems the only thing were not being accused of is kicking grandma and strangling the cat


Also,. she is now demanding the following.

1. details of correspondence between defendant and his suppliers ( paint )
2. Details of an report done into the paint.

none of witch we would release unless ordered to, not to hid anything... everythings straight.... just to stop her looking for angles...


Sooooo

1. Is there any mechanism i may use to stop her making up false and scandalous allegations about the defendant whilst the case is going through.

2. Is there anyway to approach costs over this ( like wasted costs order if she makes any more applications )

[Amethyst]

Re: harasment from claiment

Has there been a report undertaken into the paint ? If that has already been disclosed (ie its been mentioned in a witness statement or in court) then allowing inspection of it would be expected by the court, and not allowing inspection of it could result in an application and costs against the defendant if ordered to allow inspection.

Have the claimants obtained experts report as per the court order ?

Are her letters formal requests for inspection as per the CPR's or random ranting.

[Crazy council]

Re: harasment from claiment

hi

Has there been a report undertaken into the paint ?

before any claim ( 1 year before ), we ask the manufacturer opinion on a picture we had of the items paint, 18 months after application. ( exterior steel paint ). There was some discussion between us by email. No liability was acsepted of the fault, but the manufaturer paid for the replacment work s a matter of good will

If that has already been disclosed (ie its been mentioned in a witness statement or in court) then allowing inspection of it would be expected by the court

All we said in our defence was that we had contacted the manufacturer for there opinion

I need to excplain a bit.

1. Cust orders and recives item ( 2 years ago )
2. Cust complain about paint 6 months ago..
3. defendat looks at items, has never in 20 years had a similar complaint, so decides to have them stripped and repinted
4. defentant adds a protective rubberised coating to one part for free ( was available at first order for premium ) and re-supplies claiment
5. Claiment now claims second paintjob done with spray cans, and demands free rubberised finnish ( costs approx 400 )

6 defendant says only if claiment pays full costs.

7. claimant takes items to a grit blaster themselves, not thinking that the grit blasting with also take of the galvinised coat..
8. Claimant makes claim for re-galvanising, repainting but will not proved any photos of the alleged paint, items after the were dropped back off.

The judge has orderd ther to prove, by expert whitness, that there was a fault with the paint 18 months ago, before she striped them........ that would need an expert with a time machine..... He clearly did it becuase of how difficult she was being in court.

our concern being,,, anything we give her she will try use against use to harras us. we dont want to give her the paint cos details because she will just turn on them.

Are her letters formal requests for inspection as per the CPR's or random ranting.

random ranting, we have asked hr to do it though court, thinking she would be less offencive in the correspondence, but now she has started to fill up the work email, text and sent so to his hoe address, taslking to his wife in it, saying how bad it will be for their family when the judge agrees with them,, etc etc,,

Q. What reason would be reasonable for me to conduct a financial search against them, if the claimant was claiming costs i perhaps could....

[Amethyst]

Re: harasment from claiment

hmm okay as you have clearly disclosed you have sought the manufacturers opinion in court documents I'd say you have a duty to allow inspection of that opinion to the claimant.

35.11
Where a party has disclosed an expert’s report, any party may use that expert’s report as evidence at the trial.

It isn't really an expert report just an opinon based on photographs but you have disclosed that you sought opinion, and presumably that remedial work was undertaken following that.

Right of inspection of a disclosed document
31.3
(1) A party to whom a document has been disclosed has a right to inspect that document


Meaning of document
31.4 In this Part –
‘document’ means anything in which information of any description is recorded; and


Standard disclosure – what documents are to be disclosed
31.6 Standard disclosure requires a party to disclose only–
(a) the documents on which he relies; and
(b) the documents which –
(i) adversely affect his own case;
(ii) adversely affect another party’s case; or
(iii) support another party’s case; and
(c) the documents which he is required to disclose by a relevant practice direction.

[Crazy council]

Re: harasment from claiment

Hi, just to update this.

We consider that the communication she is asking for is privileged business info. Neither us or the paint co consider it a report, more a discussion into possible ways forward, we discussed a number of things with them that would not be appropriate to disclose becuase they indicate internal procedures.

Are argument ( if she takes it to the judge ) would be.

1. It was a supplier discussion not an expert report
2. The discussion was dealt with 1 year before any court action by the claimant and was always meant to be private
3. Neither us or the paint co ever accepted any liability, but discussions mentioned what if the client proceeded, and for cost only purposes, the company agreed to cover our costs of replacement

I doubt she will apply to the judge, and after what the judge said to them, last week, she got more chance of seeing elvis win the national riding a unicorn..


Although, i also fully understand what your saying and i used that myself.

When fighting and insurance company over a subsidence claim. I used the above t force the insurance co to release all reports, instead of just the formal one they sent,, and upon disclosing them, they upped there offer 19K