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An offer to drop hands?

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  • #1

    An offer to drop hands?

    We are defendants in an ongoing case with our previous commercial landlord. So far the case has been allocated to our local court and we await the hearing date. We have defended the case and not made a counterclaim. We suggested in our initial communications that we would give a breakdown of our losses to date and would possibly claim for those losses (it was a tactic but a real possibility).

    We have received an email today from the claimant to say they no longer wish to continue with the case against us due to a family bereavement and that we should agree to drop hands and we should pay £45.00 and sign a form?

    Surely if they no longer wish to continue then that is their choice?

    I understand that "dropping hands" is where neither party continues to persue the other. Since we are not currently persuing the claimant then we should not agree to drop hands but just let them drop their case and send a copy of the email to the court with their admission that they don't want to continue?

    Any advice would be appreciated

    thanks in advance
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  • #2
    Re: An offer to drop hands?

    For what reason should you pay £45? What 'form' do they wish you to sign?

    Was their email headed 'Without Prejudice'?
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    • #3
      Re: An offer to drop hands?

      Thank you.

      No, email was not marked without prejudice. The form they refer to is "paperwork". I am certain they are trying to trick us!

      exactly! Why should it cost us money for them to withdraw - I think not..........

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      • #4
        Re: An offer to drop hands?

        I would suspect that the form they want you to sign is a Consent Order which costs £45 to file at court.
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        • #5
          Re: An offer to drop hands?

          Originally posted by josie8 View Post
          I would suspect that the form they want you to sign is a Consent Order which costs £45 to file at court.
          Exactly!

          They're neither giving up nor "dropping hands" - they're seeking to tie hands or to fist the defendant.
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          • #6
            Re: An offer to drop hands?

            I'd ask to see a copy of the so called consent order.

            They are the claimants, they brought the claim, if they want to walk away, they should pay any disbursements.
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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            • #7
              Re: An offer to drop hands?

              Originally posted by Celestine View Post
              I'd ask to see a copy of the so called consent order.

              They are the claimants, they brought the claim, if they want to walk away, they should pay any disbursements.
              Exactly.
              Life is a journey on which we all travel, sometimes together, but never alone.

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              • #8
                Re: An offer to drop hands?

                Originally posted by norbert123 View Post
                We are defendants in an ongoing case with our previous commercial landlord. So far the case has been allocated to our local court and we await the hearing date. We have defended the case and not made a counterclaim. We suggested in our initial communications that we would give a breakdown of our losses to date and would possibly claim for those losses (it was a tactic but a real possibility).

                We have received an email today from the claimant to say they no longer wish to continue with the case against us
                How much is the Claim and how much are you thinking of counterclaiming? Surely this will be relevant to your decision-making as to whether you want to continue or not with the case. If your counterclaim is likely to exceed their Claim and you're confident of winning (ask a lawyer to assess that) then why would you want to walk away from the opportunity to recover money owed to you

                You say you've filed your Defence and the case has been allocated to your local court. I think you should check out the procedure for filing a late Counterclaim in case you've missed the boat.
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                • #9
                  Re: An offer to drop hands?

                  Thank you all again. I tend to agree with cleverclogs and celestine. They seem to want it all their way and for us to pay for the privilege. The case was "vexatious" to say the least and I think they have realised that and now want the comfort of knowing we will not bring any action against them.

                  Alsatian - Their claim against us was for £9840.00 plus costs. Our claim against them would be in excess of £15000.00 (we lost our business because of their actions). This in itself brings a problem for us in that we have no finances available to engage a solicitor and the costs would be astronomical. We were so shocked by what they did that our initial thought was only to defend and counter claiming was not something we thought we could do nor did we realise it had to be done at the time. Does this mean that we can't claim now even if we wanted to? It's not that we want to walk away from the opportunity to recover money, its having the finances to be able to bring the action.

                  I find myself in a quandry. Should I respond to them along the lines of..........if you want to withdraw, tell the court and in the meantime find out what our chances would be of success for us? Would this mean that action against us would end? Should I tell the court of their intention not to continue?

                  It is obvious they don't want to continue with the case against us but why ask for a drop hands if we haven't yet brought an action. I am confused. It seems as if they are trying to bribe us!

                  I am going to ring the court tomorrow (providing I get home in time!) and see if they can shed any light.
                  Last edited by norbert123; 14th January 2014, 23:00:PM.
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                  • #10
                    Re: An offer to drop hands?

                    Originally posted by norbert123 View Post
                    Their claim against us was for £9840.00 plus costs. Our claim against them would be in excess of £15000.00 (we lost our business because of their actions). This in itself brings a problem for us in that we have no finances available to engage a solicitor and the costs would be astronomical. . . . It's not that we want to walk away from the opportunity to recover money, its having the finances to be able to bring the action.
                    I'm glad to see that you are at least re-thinking your strategy My view is that this is all about taking control of the dynamics of the situation.

                    If you have a winnable case then you may find a solicitor who will take on your case on a CFA (aka a No Win No Fee basis) because this case will have been allocated to the Fast Track where the winner can recover their legal costs.

                    The Claimant may say that they wish to discontinue due to a death in the family but in reality they may have bottled it due to your robust Defence and potential Counterclaim.

                    I'm bothered by the fact that you haven't yet filed your Counterclaim but the court may give you some leeway since you have been acting as a Litigant In Person.

                    If you want this website has access to a law firm which offers free legal advice for a 30 minutes' consultation. Would that be of any help to you?
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                    • #11
                      Re: An offer to drop hands?

                      Yes please Planb, that would be fabulous at least I would have a better idea about what to do or not do, as the case may be. I agree about the death in the family.......if you thought you were going to win almost £10k from someone you just wouldn't give that up because of it. I think they have most definately bottled it and now expect us to do them a favour!

                      Many, many thanks
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                      • #12
                        Re: An offer to drop hands?

                        Originally posted by norbert123 View Post
                        Yes please Planb, that would be fabulous at least I would have a better idea about what to do or not do, as the case may be.

                        Many, many thanks
                        I'll PM you the details asap. Feel free to chase me by PM too
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                        • #13
                          Re: An offer to drop hands?

                          Thank you so much. I rang the court and they are not aware of her revelation........but they are now. I haven't responded to her email. I'm just going to wait and see what arrives in the post, if anything.
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                          • #14
                            Re: An offer to drop hands?

                            I've replied to your PM

                            Sorry I took so long but I've been a bit busy
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                            • #15
                              Re: An offer to drop hands?

                              I fully understand. Have seen your message and sent one to the person you mentioned in it. Thank you so much
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