• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Update court claims to include Specific performance - keep to the contract

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Update court claims to include Specific performance - keep to the contract

    Hi, Legal Beagle,

    Just wondering if you could update the court claims area to include "specific performance"



    Thanks
    Allcry
    Tags: None

  • #2
    Originally posted by allcry View Post
    Hi, Legal Beagle,

    Just wondering if you could update the court claims area to include "specific performance"



    Thanks
    Allcry
    Hi there

    In what way? Claims for specific performance normally are very individual and therefore templates are pretty useless. I draft my own pleadings for each case as it goes, so dont rely on precedents.
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by pt2537 View Post

      Hi there

      In what way? Claims for specific performance normally are very individual and therefore templates are pretty useless. I draft my own pleadings for each case as it goes, so dont rely on precedents.
      ---------more-------

      Hi Thanks for replying

      I looked in a very early county court law book and it literally had 4 lines for the particulars of claim; the parties, the contract, the breach, what you are still willing to do. And then the prayer.

      Personally, I would like to see guidance for summary judgement under Part 24, Striking out, default judgement and draft order for summary judgement.

      I bought two books for this "drafting" and "Remedies" both from City law school by David Emmit. You can get from World books cheaper.

      For the rest of us, that can't draft our own from memory, here is a loose template.
      !!NB. you must put these, else you have no claim for specific performance!!
      Also, use Form N1 and hand into your local County Court. Do not send to MCOL or try to do online.

      ---------------The Particulars of Claim----------------

      In the county court/high court

      Claimant (full name of person or business)Â*
      and
      defendant (full name of person or business)
      Â*

      The Parties
      1. the claims is at all times a business/individual. (put your full name and or name of the business, important to state if sole trader vs LTD for fairness)
      2. the defendant is at all material times a business/individual (see above)

      The contract
      3. By a written/verbal contract/agreement between the claimant and the defendant for x to be done on xyz for delivery/service abc (attached optional needs to sound unique as if damages would not be enough to replace it, often land and property is unique)

      The terms
      The contract incorporated standard terms "see attached"
      a. the express terms are: (optional limit to that which makes your case not all)
      b. the implied terms are: (optional implied terms are based in acts or regulations of the relevant country. if you are a consumerÂ* or business e.g unreasonable terms)

      The performance
      4. On the date, the claimant paid/did x

      The breach
      5. In breach of the contract/agreement, the defendant refused to do and still refuses to ABC

      Remaining obligation
      6. The claimant remains willing and able to pay/do x

      The Protocol
      7. Both Parties have/have not complied with practice direction pqr

      8. Some people put a narrative here if the above is not clear, but only if necessary.

      AND the Claimant claims
      (1) specific performance of the contract/agreement
      (2) Further or alternatively, damages for breach of the agreement.
      (3) Interest on those damages
      (4) Other remedies
      (5) Other costs

      Joe Bloggs

      Statement of truth

      Dated etc.

      --------------------The N1 Form-----------------------
      The claim:
      (1) specific performance of the contract/agreement
      (2) Further or alternatively, damages for breach of the agreement.
      (3) Interest on those damages
      (4) Other remedies
      (5) Other costs

      The value
      (a) the claimant is unsure of the value
      (b) the claimant requires the court to decide
      (c) No more than £xxxxx

      The amount
      I did not know what to put here except
      The specific performance is a non-money action in the fees of £308 (google court fees EX50)
      I was told as a Litigant in person (LIP) you can still claim legal costs. (case law says £19 per hour and I think the limit is £260 for advice on specific performance) I put £260.
      For claim, I put £1000 because to buy back the contract would cost me this.

      -----------------ex50 Jan 2020-------------------

      Non-money claims

      To issue a claim for possession – fees order 1.4

      High Court possessions £480 County Court possessions £355 Possession Claims Online (PCOL) £325

      (PCOL can only be used for possessions concerning rent or mortgage arrears).

      To issue a claim for something other than money or possessions (e.g. civil injunctions, gas injunctions, anti-social behaviour injunctions) the fees are based on where you start your claim - fees order 1.5

      High Court (including possession claims) £528 County Court £308


      Apologies from any spelling mistakes.



      Good luck



















      Â*

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X