Received a Notice of Intent to Apply for Adjudication

[Donny462]

You are correct.
If a party has been acting as a litigant in person and then appoints a solicitor must file at court and serve on the other party notice of the change.
In your response to the court mention you have noticed at the foot of the Order the copy to the solicitors.
tell them as you had not been notified you believe they are in breach of CPR 42.2

It won't make any practical difference, but is a small indication to the court that they don't follow the rules

I have just finished getting everything ready to be emailed to the Court tomorrow, so apologies for my late response.

It really is too bad of the Claimants Solicitor as that Court Order showing she`d been copied on it was dated 4th October, so she`s had 16 days to serve me with papers but has done nothing...I can`t help but think there is going to be a sting in the tail and that tomorrow, knowing its the date for my defence to be in, that they will serve me with a Summary Judgement or something equally nasty, as I don`t see why else they haven`t abided by the Court Orders.

Anyway, once again, thank you for your invaluable advice as I would quite simply have been lost without you. Thank you.

[des8]

You are correct.
If a party has been acting as a litigant in person and then appoints a solicitor must file at court and serve on the other party notice of the change.
In your response to the court mention you have noticed at the foot of the Order the copy to the solicitors.
tell them as you had not been notified you believe they are in breach of CPR 42.2

It won't make any practical difference, but is a small indication to the court that they don't follow the rules

[Donny462]

Hi des8

I am currently sorting all my paperwork ready to send to the Court, and upon re-reading the amended Court Order, I have scrolled to the bottom and noticed that the details have been cc`d to myself, and also a firm of solicitors, but not to the Claimant. The email itself only shows it was emailed to myself, and not to the Claimant or the firm of Solicitors. I assume that the firm of solicitors are representing the Claimant, yet noone has informed me that the Claimant is being represented by this firm of solicitors, surely this can`t be right? Obviously the firm of solicitors have informed the Court that they are representing the Claimant, but they haven`t informed me.

[Donny462]

Oh that made me giggle des8 , yes he certainly was an incompetent twit

Yes, you remember correctly, my case is that the adjudicator had no jurisdiction

Many thanks again, I really am so grateful.

I will let you know the outcome, keep your fingers crossed for me please.

[des8]

I haven't read back, but your defence is as i remember that the adjudicator had no jurisdiction and why. Without jurisdiction he cannot adjudicate.

The fact he was an incompetent twit doesn't affect that

[Donny462]

Hi des8

Just one more question if you don't mind, when I am doing my defence, has it to just be about the fact that the Adjudicator had no jurisdiction, and why he had no jurisdiction, or do I need to go into the Claimants professional incompetence, neglect etc?

Thanking you in anticipation.

[Donny462]

Brilliant. Thank you, you are a life save once again!

[des8]

No special form but set out in numbered paragraphs etc as normal

[Donny462]

des8 thank you so much.

So I write that first, then my defence, anything else?

Also, can you tell me if I have to put it on a special form please?

Thank you

[des8]

I would start with a statement that the claimant hasn't complied and invite the court to exercise their powers.

No need to ask the claimant anything.
File your response with the court, and serve a copy on claimant ...... and hope!

[Donny462]

I'm afraid Rob is always busy

You need to complete form N244 (https://www.gov.uk/government/public...ication-notice)
Guidance notes for completing here: https://assets.publishing.service.go...eprint-eng.pdf
The cost is £255, which you recover by including an adverse costs order.

You might be better just completing the order as best you can, but include a statement regarding the lack of compliance by the claimant and inviting the court to exercise their powers under CPR 3 .4 (2) c and strike out his claim for continuing non compliance with a court order

Thank you so much for your help once again des8
If I complete the order the best that I can, do I put in the invitation to the court to exercise their powers under CPR3.4 (2) c to strike out his claim at the beginning of my response, or at the end please?

Is it worth asking the Claimant if he is going to serve me with the documents, or do I just hope that he isn`t and that his claim gets struck out?

Many thanks

[des8]

I'm afraid Rob is always busy

You need to complete form N244 (https://www.gov.uk/government/public...ication-notice)
Guidance notes for completing here: https://assets.publishing.service.go...eprint-eng.pdf
The cost is £255, which you recover by including an adverse costs order.

You might be better just completing the order as best you can, but include a statement regarding the lack of compliance by the claimant and inviting the court to exercise their powers under CPR 3 .4 (2) c and strike out his claim for continuing non compliance with a court order

[Donny462]

Hi des8

As rob hasn't responded yet, I'm trying to pre-empt things and get them straight in my head.

Realistically, given that I haven't received anything from the Claimant, I think the only action I can take is to apply to have the Court Order set aside.

The Court Order says:-

17) The parties have permission to apply to set aside or vary these directions on 2 working days written notice.

Firstly, how do I apply to have the Order set aside please?

Secondly, the Court Order says I have to give 2 working days written notice, (I presume that's what it means?), but 2 working days notice from when?

I have to admit that I am totally baffled and really worried, as the Court Order states that by 20th October I have to have responded to everything the Claimant has served on me, (which as you know is nothing), as well as submitting my defence, but if I'm applying to set aside, will I then be penalised for not submitting all the other documentation, even though I can't respond as I have received nothing to respond to?

My head is totally scrambled with it all and I'm frightened to death of doing the wrong thing and the Court ruling against me as a result.

I'm really sorry for being such a pain, but please can you advise me again?

Many thanks

[Donny462]

Thank you so much des8 , I am sure you must be right , I shall await rob s response.

[des8]

As the claimant has not complied with the court order to serve you with a copy of his application, Claim Form, Response Pack etc i think you could apply for a strike out.

Just tagging R0b for a more knowledgeable viewpoint.
i don't think you need to read the whole thread, R0b, just the last couple of posts!