Received a Notice of Intent to Apply for Adjudication

[Donny462]

des8

Thank you so much.

[des8]

The court order requires the claimant send you a copy of his application and claim form etc etc and for you to acknowledge receipt of those documents within 4 days of receipt. You have received a copy of the order directly from the court
You then have until 24th September to file & serve any further evidence you may have!

The courts are miles behind with their admin at the moment.
I would suggest to cover yourself you send to the court & claimant an email marked URGENT explaining that the order requiring compliance by 24/09 was dated 29/09, posted 2nd class and received 02/10.
Note you have not received the documents ordered to be sent you by the court and suggest the dates for compliance be agreed by the parties and submitted to the court for approval.

In your final paragraph are you suggesting the claimant's name has changed?

Regarding the complaints you have raised I doubt the court will be much concerned and will plough on regardless.
The subject of your complaints is (i think.. haven't read back!) partly the basis of your defence.

[Donny462]

Thank you so much for your reply des8 . That all makes so much more sense now, I have emailed the Court as you suggested and also Mr **** explaining that I have only just received the Court Order from the Court, and as yet have received nothing from the Claimant, and also suggested that the dates for compliance be agreed by the parties and submitted to the Court for their approval, so we will have to wait and see what happens.

The name of the Claimants business has changed though he is named as a witness in this case.,

Yes, you are quite right, the subject of my complaints is pretty much my defence.

Do you have any thoughts as to why Mr **** has gone for this way of claiming, rather than just going for Summary Judgement which would have been the obvious, (and more simpler), way of him proceeding?

Many thanks again for all of your help, I am so grateful.

[des8]

I sometimes have trouble working out why I have done something one way and not another, so please don't expect me to fathom someone else's motives

[Donny462]

I sometimes have trouble working out why I have done something one way and not another, so please don't expect me to fathom someone else's motives

Fair point as I`m the same

[Donny462]

Hi des8

I`m afraid I need your advice again please.

It is 2 weeks today since the Court altered the dates documents had to be submitted by, due to the fact the Court order was stamped 29th September and the first Documents had to be submitted by 24th September.

I still haven`t been served with the documents by the Claimant and have received no communication from him whatsoever. Therefore, I emailed the Court on Monday informing them that I still hadn`t been served with documents by the Claimant, and given the fact that I have to file my Defence by 24th October, as the days tick by, the amount of time left for me to submit my defence is decreasing, and I welcomed the Courts advice/comments.

Today, I have received the below email from the Court:-

Good Morning

Further to your email below, this has been referred to His Honour Judge *****. The Judge has made the following comments:

"I am afraid that it is not for the court to provide a comment or advice to the Defendant. If she is unsure how to proceed, she should consider taking legal advice. In any event, it is a matter for her to make such formal application to the court as she is advised, or otherwise, thinks is appropriate."

Please des8 can you advise me what I should do now? I`m panicking now as I haven`t received an Acknowledgement of Service document to complete and return, yet I have to submit a Defence in 10 days. I just don`t have a clue what the Claimant is playing at, as obviously he hasn`t been in touch with the Court either.

Please help me

[des8]

So the claimant is applying for summary judgment for payment of the adjudicator's award, but he has failed so far to serve the application.
That is his problem, and no need for you to panic.

What you will have to do is write up your defence and serve and file on time as per court directions, but start by noting you were not served the application, or that it was served late.

You could possibly apply for a strike out of his application, but in the long term I doubt that course of action is worthwhile.

[Donny462]

des8

Thank you for your reply.

No, the Claimant isn't applying for Summary Judgement, he is going through the whole process ending in the case being heard on 10th December.

The Court ordered that he serve me Acknowlegement of Service and said I had 4 days from the day of Service to submit my response, and then I have until 24th October to submit my defence, though as yet, I haven't been served by the Claimant.

The Court further stated that if I do not submit the Acknowledgement of Service within 4 days of my having been served it, then the Claimant should consider applying for Summary Judgement.

My head is in a spin here as I'm having these time restrictions placed upon me, but the Claimant can seemingly do as he wants with no time restrictions and no repercussions.

I already know the Claimant was untruthful in the adjudication, so how can I respond to his case when I don't know what tactic he is using now? I'm totally baffled.

[des8]

I am becoming confused (often happens)

The order as post 89 states "the claimant shall ...... serve the application upon the defendant"
Presumably that is the application for summary judgment referred to in the letter in post 87

[Donny462]

I am becoming confused (often happens)

The order as post 89 states "the claimant shall ...... serve the application upon the defendant"
Presumably that is the application for summary judgment referred to in the letter in post 87

I am totally confused also.

Firstly, apologies for the length of this, but it is going round and round my head and becoming more confusing each time I read it.

The original Court order states :-

1, The Claimant shall soon as is practicable after receipt of this Order serve the application upon the Defendant together with
a) The Claim Form, Response Pack and any statement relied upon.
b) This Order

As the Defendant, I then have to file Acknowledgement of Service within 4 days.

The Court then reminds the Claimant that if there is failure on my part to file Acknowledgement of Service, serious consideration should be given to entering judgement in default as a cheaper option than taking the matter through to a hearing.

It then goes on to say :-

4) The Claimant has permission to issue an application for summary judgement prior to service by the Defendant of the Acknowledgement of Service or a Defence pursuant to CPR Rule 24.4. The period of notice is abridged to 4 working days.

It finished by saying :-

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

The new directions given are as follows:-

UPON reading the email from the Defendant informing the court that she received the court’s order made on 10 September 2021 on 4 October 2021 AND UPON it appearing, from the court file, that the court’s order made on 10 September 2021 was only sealed on 29 September 2021 AND UPON the court informing the Claimant that it must still comply in particular with paragraph 1 of the court’s order made on 10 September 2021 AND UPON the court informing the Defendant that she must still comply in particular with paragraph 2 of the court’s order made on 10 September 2021 AND UPON the court informing the parties that paragraphs 4 – 7, 9 – 10 and 12 – 17 of the court’s order made on 10 September 2021 continue to apply IT IS HEREBY ORDERED THAT 1. Any further evidence shall be served and filed, by the following extended times: a) By the Defendant, on or by 20 October 2021; b) By the Claimant, in response to that of the Defendant, on or by 27 October 2021; and in each case no later than 4.00pm that day 2. The Claimant shall serve and file a bundle comprising all relevant documents, statements, pleadings, and otherwise by the extended time of 4.00pm on 24 November 2021. 3. Skeleton arguments and any authorities to be relied upon (an agreed bundle, if possible) shall be served and filed by the extended time of 4.00pm on 1 December 2021.

My confusion now is this, the new directions given by the Court state that the Claimant MUST still comply with in particular paragraph 1 of the Courts Order made on 10th September, which is that he must serve me with The Claim Form, Response Pack and any statement relied upon, yet the Claimant hasn`t served me with any of those things, and I am being ordered to respond to something which I haven`t even received from the Claimant, so how can I respond as I do not know what he has put forward in his Claim of his Witness Statement to be able to defend myself...I already know he is very flexible with the truth! Surely he has breached the Court Order in not sending me this information?

As it stands at the moment, I have had no contact from the Claimant whatsoever, but by this coming Wednesday, 20th October, I have to file Acknowledgement of Service, Response pack and any statement relied upon, plus my Defence when in essence, I do not know what I am defending myself against as I don`t know what other untruths he may have put in his Witness Statement?

The Court Order finishes with point 17 saying:-

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

Do you think it would be sensible to apply to set aside these directions seen as the Claimant has abided by them? I am really panicking here as I feel I am being expected to go into this blindly, without knowing what further fabrications the Claimant may have put forward.

Please can you help me?

Many thanks

[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!

[Donny462]

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

[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

[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]

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