Cam Chain snapped on new van after 20 months / 114k miles

[Frank1]

Also include the engineer' s email confirming his availability to be appointed SJE.

[Frank1]

You should be aware that in para 16 of your application you are not entitled to ongoing losses. Your claim was for a fixed amount of money and the court will have expected you to mitigate your loss.

A schedule of loss is for damages which are often claimed for injuries and unfair employee dismissals . I'm not sure why the solicitor and the court have included it in the directions.

Whilst your claim remains in SMC legal costs are strictly limited

[Frank1]

It have just read your first claim in post 51 and you stated it was an estimated claim value.
The court directions were drafted before you filed your amended claim which provided firm costs and calculations.

This means that there is no need for you to prepare a schedule of loss, just refer to "Amount of Claim " and state it is a fixed sum

I've no idea what a counter loss by the defendant could possibly be.

[Frank1]

"Particulars of Losses " not "Amount of Claim "

[WhiteVanMan5]

I'm on the road now, in a hotel, so not in a position to make any further changes.

I hit a bit of a wall on Saturday, but managed to get it somewhat complete this morning (but without enough time to seek feedback).

Will be interesting to see if there is a response tomorrow to my email from yesterday declining to sign their document. My total expectation now is to have to submit the N244.

[WhiteVanMan5]

Just got back home. There is, I believe, positive news.

I had no response on Monday, but tonight (17:28) I received a draft consent order to sign which seems to resolve everything to me. There is no Tomlin Order, so presumably, after completion, I am free to share everything.

In summary, this order lists 4 points.
1) The Claimant's claim against the Defendant is dismissed
2) The Part 20 defendant shall pay the claimant the agreed sum within 28 days
3) The Part 20 Claimants claim against the Part 20 defendant is dismissed
4) No order as to costs.

All good to sign? If I sign, I'll send a cover note that it needs to be submitted to the court by 2pm tomorrow (Wednesday) or I will need to submit my N244 to protect my position. In that case I expect those costs to be added to the settlement payment (does that hold any water if it isn't added to the settlement agreement that I sign?)

Also, rather strangely, the solicitors seem baffled that I want to submit anything to the court - they state: "Please be advised that section 8.2 and 8.3 of the Order does not require you to file anything with the court. "

.

[WhiteVanMan5]

AI is warning of a trap/risk, with immediate dismissal and up to 28 days for payment. AI is saying that dismissal should be contingent on payment being received.

[Frank1]

You need clauses:
"The proceedings in this action are stayed upon the Settlement Terms agreed between the parties save for the purpose of carrying said terms into effect."
and
"Each party shall have liberty to apply to the Court to enforce this Order and the agreed terms without the need to bring a new claim. "

[Frank1]

8.2 states the claimant shall apply to court for further directions.
The solicitor may be thinking 8.2 and 8.3 covers witness statements which aren't filed.

If the wordingwin the consent order isn't corrected to protect your position you should file and serve your application

[WhiteVanMan5]

Thank you for responding, and so late in the evening.

AI gave me a different set of clauses, but I think with the same end result. I'll put your clauses into AI and get something sent in the next few minutes. With a bit of luck today is the day everything gets resolved and I can put this one behind me. (I thought that is where I was when I got the settlement offer!).

I'm surprised (but happy) that the order doesn't have anything to say about costs between the Part 20 Claimant and Part 20 Defendant.

[AGreen8]

Hi, yet again, the bank and their legal friends are trying their bet to trip you up with procedural quirks.

I am no expert here, but due to the excessive delays from the defendants, can you ask the court to speed up the timetable and get this matter dealt with before the defendants add another delay to the process and get another delay where that can trip you up?

It seems that the defendants have no interest in closing this case and in the interest of justice, you need to get this case to trial.

[WhiteVanMan5]

I think we got over the line today.

The lawyers changed the consent order to exactly as I sent them and all 3 parties signed and it was submitted to the court. There has been no confirmation from the court yet. I did not submit my N244.

[Frank1]

Cpr 40.6 (2)(b)
As you are LIP a court officer cannot enter and seal the consent order
The judge will want to scrutinise the order to make sure it is fair to you so the process may take longer. Shouldn't be a promblem though.
Congratulations again.