**DISCONTINUED** Cabot Financial Court Summons ( Scotland )

[Ruby]

Nolans have conceded to expenses.

We have 'potentially' two further court dates, one is for diet of assessment and the other is diet of approval.

We have in the meantime to send the court a breakdown of our expenses, these have also to be copied to Nolans.
If Nolans accept the expenses and they are settled prior to the court date set (beginning of August) then we do not have to attend court again.

The defender was my husband and I attended court with him to help and represent him. My husband is self employed so he is entitled to claim loss of earnings, I am entitled to claim for my time at £18/hour (?) I am still trying to work out how many hours in total I have spent over the past four years preparing for this!! If we had hired a solicitor to represent my husband in court he/she would have charged £700 per session. So far there have been 5 court sessions. We are entitled to claim 2/3rds of that cost and above this we can claim for minor things like stationery, parking, printing, etc. I believe we are talking a significant amount of money.

The only down side of accepting the compensation is that IF Cabot/Nolans do find enough evidence to re-open the case they can do so. I do however believe that after all these years my husband is more likely to give birth to triplets.

I have been so stressed out over this situation on and off for the past four years. It is frustrating that it had to get to this, they really were chancing their arm that we would just roll over! Reading things on line it appears that over 90% of claims are undefended in court. COME ON PEOPLE !!!!

Unfortunately for Cabot/Nolans we are not in that percentile. Whatever the compensation we get has been very well earned.

To response more directly to Ame, we were only told at the court hearing that they were abandoning the case. NO prior warning whatsoever. All that prep work etc, completely wasted. Very frustrating.

[GBExile]

Not being funny but how can you claim expenses for your husband & yourself?

Surely that is not legal else everyone out there would be doubling their expenses?

Whose expenses claim is it? Yours or your husbands?

Pretty sure its your husbands claim for expenses & not yours?

I stand to be corrected.

[ostell]

This is Scotland, perhaps different set of rules, especially as this is compensation for the discontinuance.

[Ruby]

I was his representative, standing in the place of a solicitor. Solicitors don't work for free lol. The case was against my husband, he obviously should be present

[GBExile]

This is Scotland, perhaps different set of rules, especially as this is compensation for the discontinuance.

I doubt its that different.

Surely it should be his claim for time & expenses not his partners & his.

[GBExile]

I was his representative, standing in the place of a solicitor. Solicitors don't work for free lol. The case was against my husband, he obviously should be present

Good luck with that. I must say it seems & reads like enrichment to me.

[Ruby]

I must say it seems & reads like enrichment to me. Hmm, I think those who have helped me all these years would disagree with you.

[jaguarsuk]

I doubt its that different.

It's very different.

Dependant on the procedure being brought then costs for Cabot for this fishing trip could be interesting.

It's why they chance their arm less in Scotland with claims, that and the fact that enforcement is very different too.

[GBExile]

I must say it seems & reads like enrichment to me. Hmm, I think those who have helped me all these years would disagree with you.

We will see. Its his claim for expenses & not yours. If he wants to claim for your expenditure then maybe that will pass. But you are so wrong if you think you can claim for your own time.

[GBExile]

It's very different.

Dependant on the procedure being brought then costs for Cabot for this fishing trip could be interesting.

It's why they chance their arm less in Scotland with claims, that and the fact that enforcement is very different too.

I get what you are saying BUT it is his claim not Rubys

[jaguarsuk]

I get what you are saying BUT it is his claim not Rubys

Yes, he would be claiming the expenses just as he was defending the claim, but as his lay representative Ruby submits the claim on his behalf as a Solicitor would in the same way they were representing him at the hearing like a Solicitor would.

[GBExile]

Yes, he would be claiming the expenses just as he was defending the claim, but as his lay representative Ruby submits the claim on his behalf as a Solicitor would in the same way they were representing him at the hearing like a Solicitor would.

A solicitor would be signing all the applications & defence on behalf of their client & would have bona fide records of timed expenses . So it is not "like a Solicitor".

Interesting to see what happens next but Ruby needs to avoid the word "we".

[Amethyst]

I'd say Scotland is very complicated, but tbh it's probably the same in England/Wales for people used to dealing with Scots claims... so hopefully Scottish Solicitor will get chance to have a quick look and maybe an example for a standard litigant in person ( unrepresented defendant ) claiming expenses on abandonment ( £4k claim, simple procedure )

So just picking bits up trying to figure it out...

For claims where the value is between £3001 and £5000, the expenses follow the general rule that whoever is unsuccessful pays the costs of the other party. *nb Under £3000 is limited to 10% max of the claim *

Expenses part of the Simple Procedure Rules is http://www.scotcourts.gov.uk/docs/de...4.pdf?sfvrsn=6

as it's over £3 it does use the Summary Cause rules

· Loss of wages and travelling expenses for yourself and any witnesses you may require to bring to court

You can only claim for out of pocket expenses ( so the loss of the day off work ( for each attendance ) travel, parking, stationery etc ) - it would be an argument to get both of your costs for the day - unless Ruby you were formally down as representative or witness throughout? but putting it in is a starting point to argue. the 90% thing seems to be a 'reducing' measure not an uplift measure ( so if you were a ridicously overpaid banker and a day of work cost you £2k they would reduce it to 90% of what a solicitors expense would be etc )

Sorry I can't be definitive Ruby at all.... it's all a bit different 'oop north xxxx

[Amethyst]

Oh blinking heck just to complicated it further just realised your claim was started in 2014 wasn't it? So it's not Simple Procedure rules,its Small Claims rules ( Simple started Nov 2016 I think )


Think you're advising us on this one Ruby tbh …. maybe when all this is FINALLY over with you can do a guide to the main points of dealing with these cases through Scots court system. Put all the learning and work you've done in this ( and other) cases down on paper to help other people out in the future ( rather than having me rambling away trying to figure it out lol )

[Ruby]

Ruby needs to avoid the word "we". This is what happens when you have been married for 25 years lol.

I think I will have a meeting with the solicitor who pulled us aside after the court hearing and have a chat with him. That part he has offered for free. He was in court and listened in on our case.

No sure how much help I can be to anyone else north of the border when this is all said and done, but as usual I will try.