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

[allcry]

Hi, Legal Beagle,

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



Thanks
Allcry

[pt2537]

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.

[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.

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

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 consumer* 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



















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[pt2537]

The problem is the amount of variables in such a claim, consumers who come here for help arent lawyers, they dont generally bring skills for pleading their cases, so giving someone a template like that could become a recipe for disaster, if you dont know the rules on pleading how can you tell if youve covered everything you need etc.

[allcry]

The problem is the amount of variables in such a claim, consumers who come here for help aren't lawyers, they don't generally bring skills for pleading their cases, so giving someone a template like that could become a recipe for disaster if you don't know the rules on pleading how can you tell if you've covered everything you need etc.

Hence the reason for templates. I understand but until everyone is given a lawyer for free, we will have to do with the leeway given by courts tot LIPs.

If may a quote from Lord such and such. "The marked difference between a solicitor and a member of the public is where to find the law. Pretty much after that everything is debatable." Litigants in person don't have to earn a right to be heard by a judge. And given there is a lot of leeways given for LIPs.

Most people are here because of the above. I thought the section could use it. I certainly thought it useful.
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[pt2537]

Litigants in person get no leeway at all, please read the Supreme Court judgment in Barton v Wright Hassellhttps://www.walkermorris.co.uk/publi...pecial-status/

I understand the issues, ive done more than my fair share of pro bono cases too, but the problem as i see it is if the person doesnt know how to set out their claim and what to plead then no template is going to help them. Thats is the problem.

[allcry]

Litigants in person get no leeway at all, please read the Supreme Court judgment in Barton v Wright Hassellhttps://www.walkermorris.co.uk/publi...pecial-status/

I understand the issues, ive done more than my fair share of pro bono cases too, but the problem as i see it is if the person doesnt know how to set out their claim and what to plead then no template is going to help them. Thats is the problem.

Why do you have guides then?

[pt2537]

Why do you have guides then?

in my day job, i dont have them, i dont use them especially not for pleadings. Maybe thats just a style t hing some like precedents some dont, i personally dont like using them

[allcry]

in my day job, i dont have them, i dont use them especially not for pleadings. Maybe thats just a style t hing some like precedents some dont, i personally dont like using them

I honestly thought you maintained this thread, sorry. I guess my post is for someone else then. I hoped that more guides would be made on the site for others. Obviously I'm not trained. However as there are other guides, people will find it useful that it is also possible to enforce a contract, not just cancel one from breach of contract. And this guide and books apply.

Regards

Allcry
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[pt2537]

I honestly thought you maintained this thread, sorry. I guess my post is for someone else then. I hoped that more guides would be made on the site for others. Obviously I'm not trained. However as there are other guides, people will find it useful that it is also possible to enforce a contract, not just cancel one from breach of contract. And this guide and books apply.

Regards

Allcry

Hi there

I Am working on a series of podcasts on litigation and consumer credit which i hope will provide people with guidance so that they can deal with their own cases effectively but in terms of templates i really dont focus on them because people will often blindly use them without understanding the issues in their case, if you educate them on the issues then they will have a better chance of defending themselves. Thats just my view of course,

[allcry]

Hi there

I Am working on a series of podcasts on litigation and consumer credit which i hope will provide people with guidance so that they can deal with their own cases effectively but in terms of templates i really dont focus on them because people will often blindly use them without understanding the issues in their case, if you educate them on the issues then they will have a better chance of defending themselves. Thats just my view of course,

Well, I strongly disagree. A template is better than nothing. Most Judges can see between the lines. And if you get that far you might as well continue.


A good template gets the right points across and structures you thought into a coherent argument. A bad template will at least get you to google what it actually means.

In your podcast, you could start with why is there a monetary barrier to justice? Why can't anyone just turn up to a court and fill in the forms they need with the help of a court usher?






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