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Received a Notice of Intent to Apply for Adjudication

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  • #76
    Your welcome.
    Do get proper legal advice as soon as possible, and hope all goes well.

    Trust you are now recovered and your health continues to improve

    Comment


    • #77
      Hi des8 , thank you for your good wishes, and your advice, it has helped me so much.

      Unfortunately, I was taken back into hospital, then when I got home, our Village flooded, so we have been cut off from the outside world unless you had a tractor or a huge 4 x 4! Not even any phone lines working, but the Press managed to get in .

      Just to let you know, I haven't another word from the Engineer, or the Construction Court....can I ask you if it usually takes this long please?

      Thank you.

      Comment


      • #78
        Sorry to hear about your ongoing health problems and trust you are now recovered

        Delays in enforcement are not unusual.
        The engineer might not have initiated the process yet, in the hopes you either pay or try and come to a settlement with him.

        I really think you should obtain professional advice, even if it means paying for it.
        The courts rarely interfere with an adjudicators decision and you will need proper representation if you are to argue your position successfully.
        If it does go to court the losing party is likely to have to pay all the costs, and it's unlikely to be cheap.

        Comment


        • #79
          Originally posted by des8 View Post
          Sorry to hear about your ongoing health problems and trust you are now recovered

          Delays in enforcement are not unusual.
          The engineer might not have initiated the process yet, in the hopes you either pay or try and come to a settlement with him.

          I really think you should obtain professional advice, even if it means paying for it.
          The courts rarely interfere with an adjudicators decision and you will need proper representation if you are to argue your position successfully.
          If it does go to court the losing party is likely to have to pay all the costs, and it's unlikely to be cheap.
          Hi des8
          *Firstly,thank you for your further advice, I keep saying it, but I really do appreciate it. Apologies for my very late response, I have had further complications with my health, and a close bereavement.
          Since I last posted on here, I have taken legal advice, basically as well as the issues that you pointed out to me, the Solicitor thought that there is a good case for arguing the adjudicator was biased in his findings, he also felt that the adjudicator didn`t have jurisdiction to deal with the case as it was clear that the engineer acted as an expert as part of an arbitration.
          The engineer hasn`t issued proceedings against me yet, instead, he has got the solicitor who he introduced to us to complete the application for an extension in time in the Coal Authority Case, to write to me making an offer of settlement without it going to court.
          I paid the solicitor £623.00 for completing the application and that was that, it was all done and dusted as far as I was concerned. Then over a year later, the solicitor wrote to me stating that the engineer had instructed him, on my behalf to get a barristers opinion on my chances of success in court against the Coal Authority, and he hadn`t realised, but there was an outstanding bill of £1500.00 for barristers fees! I never gave instructions for a barristers opinion , I was in hospital at the time, and only briefly spoke to the solicitor once, and asked him to complete the application and submit it to court, nothing more. I even have the solicitors letter stating that his only instructions were to complete the application. Therefore, I told the solicitor that I would not be paying the barristers bill as I didn`t ask the barrister to do anything.
          Anyway, the solicitor has issued proceedings against me for the barristers bill of £1500.00 and I am defending the claim as I believe I can prove my case.
          What I would like to ask please is this, is it a conflict of interest for a solicitor who is currently making a claim against me, to then be acting for the engineer who introduced him to us in the first place, (and who instructed him to get a barristers opinion so should be responsible for the barristers £1500.00 bill), in also making a claim against me? Basically, the solicitor is attempting to bring two cases against me...one for himself for fees for a barristers opinion which I can prove I didn`t even ask for, the other being for the engineer who introduced the solicitor to us in the first place, and who clearly asked for the barristers opinion!
          Finally, could you please tell me what it means by being CPR36 compliant? The solicitor who is making the offer to me to agree a settlement with the engineer has asked me to advise him whether I believe his letter to me is CPR36 compliant...I havent a clue what this means, or if the letter is indeed CPR36 compliant or not .His letter states:-
          If you consider this offer to be in any way defective or non compliant with Part 36, please let us know by return.
          Please can you tell me what this means?
          Sorry this is all a bit muddled, it makes much more sense in my head :/
          *

          Comment


          • #80
            There is no reason why a solicitor who is acting for person A against person B, should not also be able to sue person B in his (the solicitor's) own name.

            Re CPR 36 here is a good guide to the subject.
            Offers to settle which are compliant with CPR 36 have costs consequences

            CPR 36 here so you can check if the offer complies.*https://www.justice.gov.uk/courts/pr...l/rules/part36

            CPR36 Practice Directions here;*https://www.justice.gov.uk/courts/pr...t36/pd_part36a

            Comment


            • #81
              Originally posted by des8 View Post
              There is no reason why a solicitor who is acting for person A against person B, should not also be able to sue person B in his (the solicitor's) own name.

              Re CPR 36 here is a good guide to the subject.
              Offers to settle which are compliant with CPR 36 have costs consequences

              CPR 36 here so you can check if the offer complies.https://www.justice.gov.uk/courts/pr...l/rules/part36

              CPR36 Practice Directions here;https://www.justice.gov.uk/courts/pr...t36/pd_part36a
              Thank you for your advice, responses, and information.

              I have read all the info you have given me, and I think the offer is compliant and not defective, but would you mind casting your eye over the letter for me please and giving me your opinion?*

              Many thanks in anticipation.
              Attached Files

              Comment


              • #82
                Sorry, but can't read letter.
                Can you upload to something like imgur and provide a link (at least I think that's what you can do but I'm a computer illiterate!)

                Comment


                • #83
                  Thank you for your reply des8 , I'm afraid I'm a computer illiterate too....I will find out how to do it from someone who knows better than me what to do .

                  Comment


                  • #84
                    Sorry, I pressed post before I'd finished writing ....I will get back to you tomorrow, thank you.

                    Comment


                    • #85
                      Originally posted by des8 View Post
                      Sorry, but can't read letter.
                      Can you upload to something like imgur and provide a link (at least I think that's what you can do but I'm a computer illiterate!)
                      Hi des8

                      I cannot find anyone to help me out with posting the letter in another format, so will type it out instead, the letter is as follows:-

                      Without prejudice save as to costs - Part 36 offer

                      Dear *********

                      Enforcement of adjudication decision against ******

                      We have been instructed by ***** in relation to the enforcement of his adjudication decision dated *****

                      Our client has a strong case against you and is entitled to Summary Judgement on his claim to enforce the adjudicator`s decision. We are mindful that under the Civil Procedure Rules litigants are expected to try resolve their disputes wherever possible. We are therefore authorised to make your client the following offer to settle under Part 36.

                      This offer is made pursuant to Part 36 of the Civil procedure Rules, and it is intended to be a claimants Part 36 offer. Accordingly, if you accept this offer within 21 days you will be liable for our client`s costs, in accordance with CPR 36.13.

                      Terms of the Offer

                      Our client is willing to settle the entire proceedings, including any actual or proposed counterclaims, in the matter referred to above on the following terms:

                      You pay our client, within 21 days of accepting this offer, the sum of £24,000 (the settlement sum).

                      €This offer does take account of any counterclaims that your client may have against ours in this matter.

                      The settlement sum does not include costs and, as mentioned above, your client will be liable to pay our client`s costs on the standard basis, to be assessed if not agreed, up to the date of service of notice of acceptance if this offer is accepted within the relevant period.

                      FAILURE TO ACCEPT THIS OFFER

                      If you do not accept this Offer, and our client obtains judgement which is equal to or more advantageous than this Offer, our client intends to rely on CPR 36.17. In other words, our client will be seeking an order in the following terms:

                      You pay our clients costs up to the expiry of the relevant period.

                      You pay our client`s costs on the indemnity basis from the date on which the relevant period expired, with interest on those costs of up to 10% above base rate and interest on the whole or part of any sum awarded at up to 10% above base rate for some or all of the period starting from the same date.

                      An additional amount of 10% of the damages awarded by the Court.

                      If you consider this offer to be in any way defective or non compliant with Part 36, please let us know by return.

                      We look forward to hearing from you.

                      Yours*faithfully

                      If you could let me know if this letter is defective or non compliant with Part 36, I would be really grateful, thank you.*

                      Comment


                      • #86
                        It appears to be compliant.

                        As there are costs implications I think you should perhaps return to that solicitor (mentioned in post 79)* who agreed with us about the adjudicator.*

                        Comment


                        • #87
                          just right click on the letter?

                          Comment


                          • #88

                            Comment


                            • #89
                              Hi des8

                              Well 2 years down the line, and today in the post I have received a Court Order for this matter to eventually go to Court on 10th December this year!

                              Could I please ask for your help, as this is right over my head.

                              The Court order is very confusing to me as a lay person, for example, it gives instructions for certain things to be done by 24th September, when the Court Order has only been stamped on 29th September and posted by Second Class post on 29th September, so I`m unsure what to do about that?

                              If you recall, the adjudicator should never have taken the complaint on as firstly it was for the Claimant acting as my Agent in a Coal Mining Arbitration, and secondly, it relates to my own private residence. However, the adjudicator was extremely biased, and ignored all of the points and proof I supplied, and ruled for the Claimant. I am surprised that the Claimant has gone down this route and hasn`t just applied for Summary Judgement.

                              The Court Order states that I have to acknowledge service within 4 working days, but it doesn`t say within 4 working days of what? Could you please tell me, is the Court Order which arrived with me today the service, or does the Claimant have to serve me ?

                              I should point out that I have recently lodged a complaint against the adjudicator for acting on this matter for the Claimant when it wasn`t within his jurisdiction, I have also lodged a complaint against the Claimant with his governing body for his negligence in acting as my Agent in the arbitration against the Coal Authority, is there any way I can get this court order set aside until the findings of my complaints against the adjudicator and the Claimant are made?

                              Oh and another thing I`d like to ask, the adjudication was brought against me by **** **** Consultants, but the Court Order is By a Totally different Company name, though it states that the Court order was granted after seeing the Witness Statement of Mr ***** ****, is that able to be done?

                              I am going to try and add the Court Order for your information, but am not sure if I can, please let me know.

                              Comment


                              • #90
                                will respond tomorrow

                                Comment

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