Defendant: Assessment for Damages Hearing

[Debbie1608]

I am the Defendant in this matter as the Claimant (Kitchen Company) issued a claim against me. I issued a Defence & Counterclaim. The Claimant's claim was struck out for non compliance of Court Orders and failing to file a Reply to my Defence & Counterclaim.

I have now received a hearing date (end Jan) for an Assessment of Damages Hearing.

I have absolutely no idea what I need to do (I am representing myself). Can anyone please guide me?

Thanks in advance

(I do have another legal matter running almost simultaneously with this one if you happen to see my other posts - so as not to confuse the two)

[atticus]

You need to work out what you are claiming and how you will prove your entitlement to those sums. You will need to put together a statement explaining this and to exhibit all supporting documents.

[Debbie1608]

So, I don't need to prepare a Witness Statement, Exhibits, Bundle of Documents etc - merely a Statement relating to my counterclaim with supporting documentation?

Not sure how a Judge can assess damages if he is only in receipt of details provided via my Defence & Counterclaim

[atticus]

I rather thought that I said you do need to do that.

[Debbie1608]

I rather thought that I said you do need to do that.

Thanks for the clarification, I'm just being overly cautious

As the Claimant's claim against me has been struck out, do I only have to prepare 2 bundles (1 for me, 1 for Court)?
Do I send to Court at least 14 days before hearing?

There is no specific Order in relation to documents, witness statement etc only "General Form of Judgment or Order" with a hearing date

Thanks in advance for your help & support

[Pezza54]

post deleted

[atticus]

You still need to send a set to the defendant. He is entitled to be heard on your claim against him.

[Debbie1608]

Which Court documents do I need to include in my Bundle of Documents?

1) Claim Form (yes)
2) Defence & Counterclaim (yes)
3) Acknowledgment of Service (?)
4) DQ (?)
5) Notice of Proposed Allocation ... (?)
6) Notice of Transfer of proceedings (?)
7) General Form of Judgment or Order x 3 (yes)

I understand documents need to be in chronological order - is this with the most recent date on top?

Thanks in advance

[Debbie1608]

I am just reading through the Litigation Handbook kindly provided on here. I have prepared my List of Documents for my Bundle. There is no Court Order stating that I need to serve a copy on the Defendant/Court. The only Orders are to strike out the other party's claim and the last Order "Judgment for the Defendant on the counterclaim for damages to be assessed" with a date listed for hearing.

Do I merely prepare the Bundle of Documents and serve on the Defendant?

Thanks again in advance

[atticus]

Send it to the Defendant and the Court.

[Pezza54]

The most important document is not on your list. See post 2
You need to prepare a statement detailing your costs mentioned in your counterclaim, cross-referenced to evidence such as quotes, invoices etc
As the claimant's claim has been struck out you could try including your time to prepare the defence document at £19/hour
You should end your statement with a signed Statement of Truth

[Debbie1608]

I have included all aspects of my claim in the final "List" - ie Witness Statement, Value of Claim, Expert reports etc. I just wasn't sure which, of the Court documents referenced above, I needed to include ie the ones with a "?".

Do I serve the List using Form N265?

Thanks again - your help is really appreciated

[Pezza54]

You need to include form N205A Request for Judgement (for your counterclaim)
Include the AOS form if that was the claimant acknowledging your counterclaim (proof they received your counterclaim)
DQ - yes
Notices of proposed allocation and transfer of proceedings - I can't think why you would need to include them

Form N265 is used for standard disclosure of documents where the court orders disclosure pre-trial, so not necessary in your case

[Debbie1608]

Where do I include the Form?

Would this not be done after the hearing when damages are assessed and I can complete the "specified amount". I am the Defendant in the original claim (struck out). Will I now be the "Claimant" in respect of Form N205A? as I have issued a counterclaim? Do I add the issue fee to the Counterclaim?

No response has been received to my Defence & Counterclaim (ie Reply), and 2 Court Orders not complied with.

[Pezza54]

You would have had to have completed form N205A to obtain default judgement on your counterclaim. Please read CPR 12..3 (2)(b)

Yes roles are reversed, you are now the claimant

Add the court fees for your counterclaim to the Statement of Damages Suffered