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Form N244 following breach of mediation settlement

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  • Form N244 following breach of mediation settlement

    I used the Small Claims procedure to pursue a sole trader who failed to complete work he had been paid for. The claim went to mediation and a legally binding mediation agreement was made between myself and the trader under which he was required to make regular monthly payments of £250.
    After making payments for two months, he has stopped making the payments and is not responding to communications. The mediation settlement provides that in these circumstances I can apply to the court for judgement in the amount outstanding under the agreement. This is supposed to be done using form N244 which must be sent to the court with the appropriate fee. I'm finding it difficult to work out how to complete form N244 under these circumstances and can find nothing relevant on the HMCTS website. I've tried phoning MCOL (to whom the application must be sent), but lost hope after being on hold for over an hour. An email sent to them at the start of last week has also not received a response. Can anyone provide guidance on how to complete form N244 in these circumstances and what the fee will be?
    Tags: None

  • #2
    Can you please post:

    1. The mediation agreement.

    2. The Court order made following settlement at mediation.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      I've attached the mediation agreement (with personal data redacted) which contains the references to the action to be taken following a breach. There is no separate Court order. Mediation Agreement redacted.pdf

      Comment


      • #4
        You are entitled to apply for judgement to be entered for the unpaid balance of the agreed sum. Follow the wording of the relevant paragraphs of the mediation agreement in saying what you are applying for and why.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Thanks for confirming this. For Q5 on the form, I assume that this can be done without a hearing? Can I leave Q6, Q7 and Q8 of the N244 blank? Am I right in thinking that a fee of £108 will apply?

          Comment

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