Fast Track - Standard Disclosure of Documents

[Pezza54]

Is the witness statement where you refer to your health, the witness statement just for the application hearing?

Is it the defendant's breaches of rules that have affected your health, or the whole claim and court procedure?

You could ask the court that just the application hearing is held in private due to personal reasons

[Debbie1608]

It's due to a lot of things as I'm a carer but this Court issue is really badly affecting me. Other side are asking me to discontinue with his client meeting his own costs. They still haven't served List of Documents/WS so can't prepare effectively. I'm worried that the Court may impose costs against me if I discontinue. I am really struggling dealing with this. I can provide doctor's letter regarding my health in support. Is there a fee payable to discontinue?

Thanks again for all your support

[Pezza54]

No but on the fast track the other party can claim their legal costs
The solicitor doesn't sound trustworthy

[Debbie1608]

He said he'd advise his client to meet his own legal fees. Would a letter from his solicitor in this regard be needed.

[Pezza54]

Form N279 Notice of Discontinuance
Plus Consent Order that there shall be no order as to costs

[Debbie1608]

Would the other side draft the Consent Order

[Pezza54]

The solicitor should do. Don't file N279 until Consent Order is drafted and signed

[Debbie1608]

I've read that it's at the Courts discretion re costs. Does Consent Order effectively override this? What do I put on the form as to reason etc. The more I think about it the worse it makes me feel

[Pezza54]

Yes consent order would prevent defendant claiming costs
N279 is a short one page form, reason for discontinuance is not required

[Debbie1608]

Is it best to file at Court personally as I'm worried about it not being dealt with in time if sent via email. If so, what do I do when I get there? Will I still need to attend hearing on 27th at all

[Pezza54]

If you're sure you want to discontinue your claim you should contact the solicitor. It was the solicitor that offered to waive there costs if you agreed to discontinue. The solicitor should offer to file the necessary signed documents. You need to wait until you receive court notice (email or phone call) that the court hearing has been vacated next Thursday

[Debbie1608]

The solicitor said they were awaiting their client's instructions (Friday noon). I've heard nothing since. I've emailed them this morning to say that in the meantime I will serve the Trial Bundle at court and hand deliver copy today. I'm panicking now as I've just seen on the Court Order that the bundle should have been filed 7 days before whereas I was going by the Practice Direction. I did hold it back in any case as they filed an application for relief from sanctions and said I would have a signed copy of the WS and list of documents on 20th - nothing was received. This is in addition to them asking if I would accept late service where they told me I'd have the WS etc on 18th.

Am I in trouble if I've not filed the trial bundle as per the Order but complied with the PD instead? I'm an absolute nervous wreck

Thanks

[Debbie1608]

If his solicitors have invited me to discontinue and I've agreed (subject to their client agreeing to pay his own costs on their advice) but client doesn't respond in time and the hearing goes ahead, am I liable for his costs if I lose my claim against him?


If it does proceed, I am aiming to have his Defence struck out on the following basis:

Failure to comply with
(a) Pre Action Protocols
(b) Practice Directions
(c) Court Orders
(d) ADR x 6 (saying it was a waste of his time or like marriage counselling)


In addition knowingly making false statements in
(e) pre action correspondence - malicious intent
(f) Defence
(g) Application for Relief from Sanctions

I agreed to accept late service and was told by his solicitor that he "hoped" to have the WS/LOD with me by 18th March (am) - nothing received. When I notified Court, the solicitor emailed saying who said an "agreement" was reached!

In their Application for Relief from Sanctions said that the WS/LOD would be with me by 20th March - again nothing received

If their Defence is struck out and I lose my case, am I still liable for their costs?

I'm completely at a loss of what to do. I'm really worried and stressed about the whole thing.

But thank you all for helping me along the way - it's been a great help and very much appreciated

[Debbie1608]

Solicitor has advised that should I discontinue proceedings their client will "forgo any claim for costs" and asked me to send the Notice to them. I've spoken to them to clarify (a) their client is agreeing to bear all his own legal costs and (b) I need a signed Consent Form to serve with Notice of Discontinuance.

I'm just querying the phrase "forgo any claim for costs" - they said once they get the Discontinuance Form & I file at Court, they will ring Court in a day or so to ensure it's been taken out of the list for hearing o Thursday

[Pezza54]

Please read the article "CLAIMANT DISCONTINUES - BUT NO ORDER FOR COSTS: THE PRINCIPLES CONSIDERED" at www.civillitigationbrief.com
The court should take the defendant's actions and/or lack of actions into account before making a decision on an order for costs

Are you sure you want to discontinue your claim? Have you added up the court fees you have spent so far? You won't recover these fees. The amount the defendant still owes you under the loan is over £20k.
You should also, if you win the case, claim interest plus legal costs (your time at £19/hour)

I thought you had a strong claim. Is there a formal signed loan agreement?

If you are queried about the bundle being filed late you should tell the truth. You were waiting for the defendant's contribution to the bundle which never arrived