Relief From Sanction

**Amethyst** · 20th January 2018, 10:48:AM

Re: Relief From Sanction

How long after the claim was struck out had they applied for relief from sanctions ?

How much is the overall claim for? Can you tell us a bit about the claim and your defence to it?

As the court has given them relief the claim will proceed as before they were struck out. Have they sent new directions as to exchange of witness statements and a hearing date ?

You will need to get hold of copies of the claim and your defence entered - the court should be able to provide you copies of these ( they may charge a small amount for this )

**bones1234** · 21st January 2018, 23:09:PM

Thanks for the reply.
The claimant applied for relief from sanction the same week.
The overall claim is for £7000 plus.
About the claim:
I was asked to build an extension and renovate a house for a client.
The price was agreed and a contract was signed.
It was meant to be for a period of 48 months.The client was a very nice man.He had a consultant who was his architect,who was suppose to oversee the project.Include payment of monies and quality of work.However the contract that we signed was not adhered to by either of us.Since the client oversaw the project himself.Did the payment and even did work on the site.
Anyway all this started early 2016 and by late 2016 all interior work was completed.Only a few bits on the outside.Like fitting a side gate,some block paving ect. But during all this time a friendship developed between myself,my wife and the client and his family.We talked about other houses he plans to build and land that he have in Wales.I built him an extra half metre added on to his approved extension and some other favours and allowed him to keep some of the money I worked for in exchange for 2 or 3 acres of land he would get for my wife..Anyway just a few weeks to the end of the project and I asked him for some money out of the remainder of money he owed.It was a normal conversation like all the other except this time he said NO.And became really agitated .Insisting that I will not get anymore money from him.Then he went to the Police and reported that I threatened him.Then he stopped answering all calls or text messages.From that day on I only had contact with him through his consultant.
He happens to be a claims lawyer himself and a district magistrate..Soon a letter came about notice of a claim if I don'T give him £3500 back for 'overpayment'.And some other things all adding up to over £7000.
My defense was that he in fact owes an excess of £9000.Since he had not paid for a number of jobs and not delivered any land which he kept the money for,My defense was that the things he's claiming for was not even in the contract.Things he added on as extras,like block paving window fitting ect.That he had hired 4 other contractors including a plasterboard fitter,plasterer,electrician,steel fitter and joiner and that he himself did work that caused or resulted in problems.One problem being crack in plasterboard.Nothing major.There was a hired equipment called a genie that he himself hired.It was broken whilst his steel fitter was using it.The hire company policy was that the person hiring was solely responsible for the equipment and any damages. I used that as my defense.
But he had included my wife in the claim saying I worked as a company and my wife is part of that company.My defense for that was that I alone signed the contract and a claim should not be brought against her.
Any other questions please feel free to ask.We are no longer interested in getting back any money that he owes.It has been having a very negative effect on my wife because he was a very nice man and it was all out of the blues.We are very certain that with good advice we WILL win.But he have the backing of a law firm that make claims for a living.And we don't have a clue.
One more thing.I had been writing him many letters during all of 2017 and letting him know of my intention to bring a counterclaim against him if he refuse to discuss the matter with the intention to settle.He never responded to any.In the hearing for relief of sanction, I asked the Judge for permission to bring a counterclaim against the claimant and was granted permission.

**R0b** · 22nd January 2018, 07:54:AM

It seems like your issue will turn on the terms of the contract signed, the evidence you have in support of your defence and to what extent have both sides failed to comply with the contract.

I wouldn't get too hung up on the fact that he brought relief from sanctions as he brought it in the same week and he probably has a case to argue, the judge has granted relief. What isn't quite clear from what you have said is whether the court granted you permission to counterclaim - did the judge give you permission, Have you got an Order from the court confirming relief from sanctions has been granted and what else does it contain?

If the judge didn't grant permission to file a counterclaim or it's not contained in the Order then you will need to make an application to the court for permission. You can actually file your counterclaim at the end of your defence but it doesn't seem like you have done this so absent any permission from the court, you will need to make an application.

**bones1234** · 22nd January 2018, 18:23:PM

Originally posted by R0b View Post

It seems like your issue will turn on the terms of the contract signed, the evidence you have in support of your defence and to what extent have both sides failed to comply with the contract.

I wouldn't get too hung up on the fact that he brought relief from sanctions as he brought it in the same week and he probably has a case to argue, the judge has granted relief. What isn't quite clear from what you have said is whether the court granted you permission to counterclaim - did the judge give you permission, Have you got an Order from the court confirming relief from sanctions has been granted and what else does it contain?

If the judge didn't grant permission to file a counterclaim or it's not contained in the Order then you will need to make an application to the court for permission. You can actually file your counterclaim at the end of your defence but it doesn't seem like you have done this so absent any permission from the court, you will need to make an application.

During the hearing for relief from sanction I asked the Judge for permission to file a counter claim and he said yes I can.At the end of the hearing he asked if I had any questions and I asked again If I can file a counterclaim and he said again yes,as long as it is done within the time the claim is to be heard.
I am not hung up on the fact that the claimant got relief from sanction cause it gave me the chance to file a counterclaim without having to apply for it.As to what the Order say.The hearing was only Friday 19th of this month and we expect to get the Order in writing tomorrow or so.And no I did not file a counterclaim with my defense.But intend to do so now.
Ive requested a transcript of the hearing so even if the Order comes and it doesnt say anything about counterclaim in it,I will rely on the transcript where the judge said it is ok to do it
About the contact itself,I signed it but he include my wife in the claim.He have not explain why even though we asked many times to explain.As a matter of fact he have not answered any of our numerous questions.So its all unnerving that he brings a claim without offering any explanation or supporting evidence.Maybe he will at some point.Just one minute before the hearing to confuse us more.
But I sit here and think he got an empty gun and we both know its empty.Why is he still threatening us with it?Might it really have something in it.Not even that.... we sit here and know it not even a real gun he's pointing at us

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