Defendant: Assessment for Damages Hearing

[Debbie1608]

I have just received a phone call from solicitors now instructed to act on behalf of the Claimant (literally handed bundle of documents over to him) - Initial hearing was adjourned 2 months ago. My N244 application to amend D&C was served in January 2025 (payment taken by Court but still no update).

New solicitor will be writing to me and asking me to send him a copy of my N244 (told him his client will have this).

Completely at a loss as to why they've instructed solicitors although their claim was struck out - can their claim be reinstated? They failed to file DQ (x2), put in a Reply to my Defence & Counterclaim and failed to attend the Hearing in January 2025.

Do I need to do anything?

Thanks in advance for your help

[Pezza54]

What happened at the quantum (assessment of costs) hearing at the end of January?

[Debbie1608]

Adjourned so I could make application to amend Defence & Counterclaim to take into account updated quantum

[Debbie1608]

Payment taken by Court but not had response yet

[Pezza54]

Are you able to post the wording in the court order you received after the hearing?

[Debbie1608]

The Disposal Hearing for today is adjourned to 22 April 2025 @ ******* Courthouse ..... to enable the defendant (me) to apply on notice to amend her defence and counterclaim. No order as to costs

[Debbie1608]

Adjourned hearing was 27th January- Court Order sealed 5th February 2025. Claimant failed to attend even though trial bundle handed to him personally and told of Court hearing

[Pezza54]

Did you file and serve your assessment of loss and damage before the disposal hearing on the 27 January?
Did you ask for an adjournment of the case at the hearing?
Did the judge tell you need to make an application to amend your counterclaim? The claimant's claim has been struck out

This is confusing
There is likely to be a hearing for a decision on your application. The new solicitor sounds as if he is going to oppose your application
If your application is approved the judge will probably give you a deadline to file and serve your amened counterclaim. The defendant (original claimant) should be allowed to file a defence to your revised counterclaim
It's never ending

[Debbie1608]

Did you file and serve your assessment of loss and damage before the disposal hearing on the 27 January?
Yes, but due to the Claimant's claim being struck out and errors in the initial calculations, quantum was updated

Did you ask for an adjournment of the case at the hearing?
No, it was the Judge who made that decision. He gave me 2 options (1) proceed on the initial quantum or (2) adjourn so I could make an application to amend D&C with the updated quantum

Did the judge tell you need to make an application to amend your counterclaim? The claimant's claim has been struck out
Yes, he said I needed to make an application to amend, hence the adjournment. The Claimant's claim was struck out on 28th October 2024

This is confusing
There is likely to be a hearing for a decision on your application. The new solicitor sounds as if he is going to oppose your application
The Solicitor told me he'd just been handed the trial bundle by the Claimant and did not have a copy of the application. He asked me if the Claimant had been served a copy. My application was filed with the Court & Defendant via email on 28th January. A hard copy was sent to the Claimant via post on 16/02/25, signed for on 19th Feb

If your application is approved the judge will probably give you a deadline to file and serve your amened counterclaim. The defendant (original claimant) should be allowed to file a defence to your revised counterclaim
Given that their claim was struck out in October 2024, having failed to comply with 2 Court Orders (DQ), failing to file a Reply to my Defence & Counterclaim, failing to attend the first hearing, failing to respond upon receipt of the N244 application (Jan/Feb), is there a time limit in which they needed to have responded bearing in mind that their claim against me said they had sought legal advice

It's never ending - exactly how I feel and have been left with no functioning kitchen since Nov 2023

Thank you so much for everything

[Pezza54]

CPR 23.7 (1)(b) The application notice should be served at least 3 days before the date set for the application hearing. This doesn't give the respondent much time to reply/oppose and seems unfair
I assume you have just got to wait for the court to set a time for the hearing. You have already served the application notice

Is your counterclaim value increasing sufficiently to put it into another court fee band?

[Pezza54]

It is possible that the judge intends to decide on the application notice and any judgement award at the same hearing, set on 22 April
Have you drafted your revised counterclaim?
The court would need to inform both parties, so the solicitor can file a Defence to Counterclaim and witness statement before the 22nd

[Debbie1608]

CPR 23.7 (1)(b) The application notice should be served at least 3 days before the date set for the application hearing. This doesn't give the respondent much time to reply/oppose and seems unfair
My application, amended D&C and Quantum Report (relevant pages only) were served in Jan/Feb (Jan if you accept it being sent by email, if not Feb)

I assume you have just got to wait for the court to set a time for the hearing. You have already served the application notice
A Disposal Hearing is now listed for 22nd April 2025

Is your counterclaim value increasing sufficiently to put it into another court fee band?

Yes, I mentioned this to the Judge at the time and asked if this would push this into Fast Track, but he didn't answer that question. I am therefore assuming it's remained in Small Claims as I've not received any Court documentation to the contrary

[Debbie1608]

It is possible that the judge intends to decide on the application notice and any judgement award at the same hearing, set on 22 April
Have you drafted your revised counterclaim?
The only thing I've done is amend the amended quantum calculation as everything else was ok

The court would need to inform both parties, so the solicitor can file a Defence to Counterclaim and witness statement before the 22nd

I've not heard anything at all. I am assuming that the Claimant may have given that they've now instructed solicitors?
I'm assuming that I would get the opportunity to respond to their Witness Statement?

[Pezza54]

i've had some more thoughts about this case and their not good.
You had supplied your revised counterclaim sum for the disposal hearing on the 27th. The judge did not accept your figures at the hearing, possibly because your counterclaim had significantly increased
Your counterclaim is now over £10k and when you asked if the claim would stay on the small claims track, the judge didn't answer

I expect court staff to ask you for the additional court fee. Under Practice Direction 26 Case Management your claim could be reallocated to the fast track

Please read Practice Direction 26
In particular para 23. Disposal Hearings
(1)(b) the court will not normally hear oral evidence

The best you can hope for is that your claim is not reallocated and the new solicitor decides not to put forward strong opposition to your application notice and a defence to your amended counterclaim

[Debbie1608]

To be honest, I don't really mind if it is reallocated to fast track and paying additional fee. I feel I have a good case supported by an expert which has brought into serious question the ability/skill of their sub contractors and leaving my home in a dangerous manner due to unqualified/unlicensed tradesmen. The downside is I'm still without a kitchen.