Building litigation

[Ka999]

Hello,

We have been put into the fast track for a building litigation case, and have been given a list of directions and dates. I was hoping somebody could please provide us with some guidance with the following:

The judge has ordered all parties must throughout the case engage in ADR including mediation. What means of ADR or mediation can we do which doesn’t involve cost, unfortunately we have already payed significant amounts to a solicitor firm, and have been left no choice but to continue by ourselves.

The builder is the claimant and we are the defendants who are defending with a counterclaim. In one of his letters he threatened to fold his business and claims to have no assets, hence the reason why we didn’t initiate the claim. Nonetheless, he subsequently made a case for the small claims court but the judge has agreed that the case should be heard in fast track. Is there anyway we can protect ourselves against a limited company who has already stated they have assets and threatened liquidation?

thanks

[Ka999]

Just bumping this up, if someone can please help?

[des8]

I believe you can ask the court for security of costs,
Tagging pt2537 who will know more

[Ka999]

pt2537*Hoping you can assist please?
des8*thanks

[pt2537]

Hi there

Security for costs is something provided for in the rules. CPR 25 covers this here http://www.justice.gov.uk/courts/pro...s/part25#25.12

You need to ensure that you tick the boxes in CPR 25.13 as the Court will not grant an application unless you satisfy that rule

You must supply evidence with the N244 application, and you will need to show the threats to liquidate the company etc

[Ka999]

Hi pt2537*Thank you for the above. Will a letter from the defendant stating his has no assets and will be forced to liquidate his business be sufficient evidence?*

Thanks K

[pt2537]

Hi pt2537Thank you for the above. Will a letter from the defendant stating his has no assets and will be forced to liquidate his business be sufficient evidence?

Thanks K

Defendant? so youre the claimant? if so i think the chances of security is limited.

If you are the defendant, then that may be different. it may well be sufficient to apply for security for costs, i havent seen the letter so cannot say for sure, and even then it is really a matter for the court to decide