Received a Notice of Intent to Apply for Adjudication

[Donny462]

Thank you des8 , I had a feeling you wouldn't be able to recommend a Solicitor, but it was worth an ask lol. I haven't asked the other Solicitor yet, as I was just so taken aback that he'd renagued on his agreement, but I will ask him tomorrow.

I did as you suggested last week and asked the Claimants Solicitor what terms they would be prepared to settle on, three times now she has written and said she is still discussing the matter with her client, then yesterday, she said she is still discussing it with her client, and she really does think it can be settled without need for a hearing, and suggested I might like to put an offer forward first "...given that electronic bundles have to be submitted on Wednesday which will incur significantly more costs..." surely ten days is enough time for the Claimant to have indicated what he would be prepared to settle at, and I shouldn't be penalised financially because he can't make his mind up? What are your thoughts please?

[des8]

regarding the request you put an offer in.... who knows what they are playing at?

The courts do want litigants to attempt settlement outside of the court as it is generally better for all parties concerned.
However it is a process bounded by rules (CPR36) and possible cost consequences and needs to be followed carefully so you don't inadvertently admit liability. Always made "without prejudice save as to costs"

Offers to settle can be made at anytime, and it seems to me that they are trying to pressure you into making the offer by making that statement " ...given that electronic bundles have to be submitted on Wednesday which will incur significantly more costs..."
If the bundle is due tomorrow* surely it is ready for dispatch already so what extra costs? and also they don't have time really to receive your possible offer, read & digest it, pass it to their client who then has to read and digest and then make a decision to accept or decline before that bundle is due in!

*Just realised as today is Wednesday you must mean in a weeks time

[Donny462]

Hi des8

Thank you for your help, as always.

You are quite right, the bundles were to be submitted Wednesday, i.e TODAY!

The Claimants Solicitor has filed the electronic bundle this afternoon, (it's actually the first part of the order that she's abided by!), but still no sign of any figure that the Claimant would be prepared to settle at!

I am at a total loss as to what game they are playing but skeleton arguments have to be filed by a week today.

Do you think there's any likelihood that I could get the hearing date put back?

[des8]

well you could make a formal application (cost £255 I think) to the court to vary the order and hope!

[Donny462]

Thank you des8 , what form do I need to complete please?

[des8]

Here's the form, altho' the address of your court might be different
https://assets.publishing.service.go...ngham_-eng.pdf

You need to obtain other party agreement

[Donny462]

Thank you des8, so do I need to write and ask for their agreement to ask for a change in the hearing date, and do I need to copy the court in that correspondence? Also, would it be better for a solicitor to complete the form on my behalf, or would I be OK to do it?
Sorry for all of the questions.

[des8]

Thank goodness you came back ... i linked you to the wrong form!

Realise you haven't got time to obtain other party consent so use N244 https://assets.publishing.service.go...7/n244-eng.pdf
guidance on completing the form
https://assets.publishing.service.go...-notes-eng.pdf

[Donny462]

Thank you so much des8 lol, oh I will always come back and check before I do anything, just in case I've misunderstood something.

Do you think I will be OK completing the form? Or should I get a solicitor to do it?

[des8]

Should be able to do it yourself

[Donny462]

Thank you des8

If I fill the form in but block out the names, will you please cast your eye over it for me please to see if I have done OK?

On another note, today the Claimants Solicitor has written to the Court detailing who will be present for the Hearing, without even asking me if I have any witnesses to put forward? I'm flabbergasted! Still no mention of what her client would be prepared to settle at either ! I've never known anything like it !

[des8]

Post up or use PM

If the solicitor has forwarded an inadequate bundle you are entitled to file and serve additional papers

Re settlement they obviously want to see what you are prepared to offer before they put their
starting counter offer on the table.
Didn't they make an offer earlier?

[Donny462]

Post up or use PM

If the solicitor has forwarded an inadequate bundle you are entitled to file and serve additional papers

Re settlement they obviously want to see what you are prepared to offer before they put their
starting counter offer on the table.
Didn't they make an offer earlier?

Thank you des8

No, they haven`t made an offer to settle as yet, they just keep promising they will do so shortly?

With regards to my completing and sending in the N244 Form, thank you, I will PM you .