Defendant: Assessment for Damages Hearing

[Pezza54]

Did your counterclaim claim a specified amount or ask the court to assess damages?

[Debbie1608]

So sorry, but still confused as to what stage I need to complete/serve Form N205A

(a) now, prior to hearing (but I can't complete the "specified amount" as I don't know what the damages are being awarded.
(b) after hearing when I know what damages have been awarded and I can complete the "specified amount"

[Debbie1608]

Did your counterclaim claim a specified amount or ask the court to assess damages?

(a) Yes, just realised this was in the D&C
(b) seeking general damages

[Pezza54]

If your counterclaim was for an unspecified amount (court to assess damages) you would have had to request judgement by default using form N227 (not N205). Did you file and serve N227?

[Pezza54]

In post 12 you mentioned you had prepared a Witness Statement. Did you prepare this document in expectation of a trial?
The claimant's claim was struck out early on for non compliance with orders and you were awarded judgement in default for your counterclaim
Your full witness statement would not be required for an Assessment of Damages Hearing, just a statement as post 2

[Debbie1608]

If your counterclaim was for an unspecified amount (court to assess damages) you would have had to request judgement by default using form N227 (not N205). Did you file and serve N227?

(1) I have not completed any forms. My D&C states amount of claim (amount inserted) and also "seeking general damages". If I have been awarded "Judgment for the Defendant on the counterclaim for damages to be assessed" do I still need to complete a form? If so, which one? and when should this have been done?

(2) Witness Statement: I prepared a full Witness Statement based on post 3 & 4 - a little confused now. Do I therefore "edit" the full WS to support my counterclaim? I feel that without a full WS (with detailed chronology), the Court will not know the extent of "inconvenience" etc (it's dragged on since Nov 2023). Should I keep the detailed chronology and merely remove references to Page ? (where it refers to correspondence etc), with the exception of reference to photographs etc?

Is there a CPR in respect of preparing for Assessment of Damages hearing?

[Pezza54]

I am not sure how you have obtained judgement without filing N205 or N227. Court rules state that the claimant must request judgement before the court grants judgement.
The judge is unlikely to attempt to financially assess inconvenience. Did your expert provide any estimated prices? Did you employ a contractor to carry out emergency works or making good? Have you obtained a builder's quotation to complete the kitchen work? These are the sort of things the judge will be looking for.

[Debbie1608]

(1) I requested default Judgment via email (no form completed).

(2) Expert's report details quantum in respect of works required to make good
(3) Quotation obtained to complete works.
(4) What aspects of the counterclaim are covered by the term "seeking general damages"

[Pezza54]

General damages are normally sought to cover pain and suffering following an accident where the defendant was negligent
You stated you suffered inconvenience after you dismissed your kitchen fitter
Did you have to hire or buy kitchen equipment after the fitter removed existing appliances?
Did you buy extra takeaway meals or get meals delivered?
Did you have to visit the launderette?
If you incurred any of the above you should be able to estimate a cost. These costs are known as special damages

[Pezza54]

You stated the expert has estimated work to make good and you have obtained a quote to complete the kitchen.
Have you put up with this unfinished work for over a year?
Or did you employ a contractor to complete the work and can now substitute estimates for actual costs by way of invoices?

[Debbie1608]

Yes, I've put up with the unfinished work for over a year - certainly didn't expect it to take so long - relied on family for cooking & washing

[Debbie1608]

Quantum - is this a stupid question?

details of quantum have been produced re counterclaim. As the claimant's claim has been struck out, does their sum "contended" still be deducted from my counterclaim? or does quantum now only deal with sums due to me (a) refund (b) costs to rectify etc

[atticus]

The latter

[Debbie1608]

The latter

As their contended sum would no longer be deducted from my counterclaim, this has pushed the amount claimed over £10,000. What are my options as this was listed in Small Claims with an impending hearing re assessment for damages.

[Pezza54]

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.