Defendant: Assessment for Damages Hearing

[atticus]

The case can still proceed in the Small Claims Track.

[Debbie1608]

You originally stated the other party's claim was struck out because of non compliance with court orders and failing to file a Reply to Defence and Counterclaim
What were the court orders the other party failed to comply with?
Their claim would not have been struck out for not filing a Reply to Defence and Counterclaim.

failed to comply with 2 Orders to file their Directions Questionnaire

[Debbie1608]

I am aware that I can claim £19 per hour for preparing Bundle of Documents etc. Does this include the cost of printing (x 3 bundles) or is that costed separately at "x" amount per page?

Thanks

[Pezza54]

As your counterclaim has been allocated to the small claims track it is most unlikely you will be awarded any costs for preparing court documents, even if you win your counterclaim.
There is a a possibility you could be awarded costs for the time it took to prepare your defence, provided the claim was struck out before it was allocated to the small claims track

[Debbie1608]

Can I amend my Defence & Counterclaim to take into account updated quantum costs (due to other party's claim being struck out)?
Do I need to fill in a form?
Is there a fee?
Given that the hearing is on 27th, and that I am unlikely to obtain consent from the other party, can I serve the amended D&C on the Court/Defendant at the same time?
Are there any disadvantages to amending my Defence & Counterclaim at this stage given that I have default judgment (but papers submitted had the "old" costs amount and not the "new" updated one.

To proceed as is I would be out of pocket by quite a bit due to updated quotations, reports

Thanks for your help

[Pezza54]

There is no point in amending your counterclaim
Just update your Costs Statement for the assessment of damages hearing. File and serve it before the deadline
Attach evidence and sign a Statement of Truth

Do you want to post your Costs Statement (names, claim number, court redacted) for comment?

[Debbie1608]

I would be looking to set aside giving stating (a) quantum calculations were incorrect/updated and as such (b) to give Defendant opportunity to defend. I am really up against it due to impending hearing. I am not legally represented and just want to make sure I follow the correct process - don't want to unnecessarily incur further court costs (of application to set aside) if I am not able to do this. Any advice would be greatly appreciated. I am so stressed with this. Thanks again

[Pezza54]

Your costs statement should be along the lines:

Quotation to complete the work (??'s invoice number ??) £??
Add (any) emergency works (??'s invoice number ??) £??
Subtotal £??
Less Defendant's quotation dated ?? (contract sum) £??
Subtotal £??
Add total money paid to defendant (deposit?) £??
Add specified damages (if any)
takeaway or delivered meals
launderette
Subtotal £??
Add interest (if it featured in counterclaim-show calculation) £??

Total Claim £??

The above depends upon the work in the quotation to complete the scheme is the same as the work in the defendant's quotation. If you made changes you will need to adjust the figures

[Pezza54]

You had to file your counterclaim when you filed your defence
The judge is aware you had very little time to prepare the value of your counterclaim and definitely not enough time to obtain an accurate estimate or quotation to complete the work
That is why the judge has now directed parties to attend an assessment of costs hearing and is expecting you to file a more accurate statement of your costs caused by the defendant breaching the contract

[Debbie1608]

The Costs Statement has been updated (errors in initial calculations, updated quotations for rectification works - initial quotations were 12 months old) and due to this, together with the other party's initial claim having been struck out (so their initial claim against me is no longer offset from my claim), the costs have increased by quite a bit.

I worry that default judgment has been granted on the costs of the initial claim, rather than the updated costs claim and I may lose out financially. I just want to redress the situation.

I was thinking, as litigant in person, seeking Directions from the Court (as Claimant), to set aside/vary the Judgment, prior to the hearing advising:

(a) the calculations in the initial claim were incorrect
(b) the costs for rectifications works have increased
(c) [company]'s initial claim against me struck out [by Order of .....] - claim cost has therefore increased (ie not set off against my claim)

As such, the claim has now exceeded the £10,000 threshold for Small Claims

I seek Directions in respect of:

(i) judgment be set aside/varied to give Defendant opportunity to defend
(ii) allocation to the appropriate track

Can a Claimant request Judgment be set aside/varied? If so, do the points at (i) and (ii) above meet the criteria?

Any guidance would be appreciated.

Thanks

[Debbie1608]

You had to file your counterclaim when you filed your defence
The judge is aware you had very little time to prepare the value of your counterclaim and definitely not enough time to obtain an accurate estimate or quotation to complete the work
That is why the judge has now directed parties to attend an assessment of costs hearing and is expecting you to file a more accurate statement of your costs caused by the defendant breaching the contract

Thank you for that - makes sense and something I hadn't thought of

[Pezza54]

The claimant failed to file their DQ, didn't defend your counterclaim (or reply to your defence). I won't be surprised if the claimant doesn't turn up to the hearing
You should stop worrying about an application to stay proceedings, amending your counterclaim and giving the claimant a chance to reply

[Debbie1608]

Can anyone help please?

I attended the Hearing (Claimant failed to attend). It was adjourned to "enable the Defendant to apply on notice to amend her defence & counterclaim. No Order as to Costs"

What does this mean?

I have issued an N244 Application (day after 1st hearing) but apparently there is a backlog at the Court so they have not taken payment for this yet. Apparently it can take up to 8 weeks. In the meantime I've had a "General Form of Judgment or Order" referenced above.

Do I need to do anything further? I served the N244 on the Claimant via email on 28/01/2025 - should I serve it by post? Does it matter if I serve by post now?

Thanks

[Pezza54]

I thought you were attending an assessment of damages hearing for your counterclaim. The claimant failed to file a defence to your counterclaim and DQ and you were awarded judgement
Why are you amending your defence and counterclaim? The claimant should have been served with your statement of damages for your counterclaim when it was filed before the hearing and the claimant had a chance to respond before or at the hearing

[Debbie1608]

The hearing was adjourned so I can amend Defence & Counterclaim as quantum details have changed. The new hearing date is April