Hello,
Can anyone help in providing some advise?
I recently made a claim through MCOL against my ex-landlord who in turn maid a counterclaim against me. In defending my counterclaim, I increased my original claim for loss of earnings whilst preparing and submitting my defence by way of an 'Application Notice - N244'.
I've recently received a 'General Form of Judgement or Order - N24' stating:
The district judge:
Upon considering the claimants application to claim additional costs for defending the counterclaim
And Upon that proposed claim being an issue of costs in the discretion of the judge a conclusion, and not a proper head of damage
And upon the matter being of a small claim in which the costs provisions at 2 July 2014 will apply
IT IS ORDERED THAT
1. The application dismissed
2. Because the order has been made by the court without considering representations from the parties, any party affected has the right to apply to have the order set aside, varied of stayed. A party wishing to make an application must send or deliver the application to the court to arrive at the court office 7 days from the date of service of this order. no court fee will be payable.
My understanding is that because I've not explained / provided what they consider to be a 'proper head of damages' they are dismissing my application to increase my claim. Is this what it they are referring to?
If my understanding is correct, how do I apply to have the order set aside and submit a proper head of damages? Is there a format in which a proper head of damages should be set out? Additionally, what form do I have to submit to the court with this information to progress?
Any help would be much appreciated as I'm trying to defend myself and seem to be getting the formatting / terminology wrong. I'm struggling to be sure of the correct forms I should use too as the court is most unhelpful suggesting they are providing me with legal advice when all I want to know is what forms to use / complete!
Many thanks in advance.
Can anyone help in providing some advise?
I recently made a claim through MCOL against my ex-landlord who in turn maid a counterclaim against me. In defending my counterclaim, I increased my original claim for loss of earnings whilst preparing and submitting my defence by way of an 'Application Notice - N244'.
I've recently received a 'General Form of Judgement or Order - N24' stating:
The district judge:
Upon considering the claimants application to claim additional costs for defending the counterclaim
And Upon that proposed claim being an issue of costs in the discretion of the judge a conclusion, and not a proper head of damage
And upon the matter being of a small claim in which the costs provisions at 2 July 2014 will apply
IT IS ORDERED THAT
1. The application dismissed
2. Because the order has been made by the court without considering representations from the parties, any party affected has the right to apply to have the order set aside, varied of stayed. A party wishing to make an application must send or deliver the application to the court to arrive at the court office 7 days from the date of service of this order. no court fee will be payable.
My understanding is that because I've not explained / provided what they consider to be a 'proper head of damages' they are dismissing my application to increase my claim. Is this what it they are referring to?
If my understanding is correct, how do I apply to have the order set aside and submit a proper head of damages? Is there a format in which a proper head of damages should be set out? Additionally, what form do I have to submit to the court with this information to progress?
Any help would be much appreciated as I'm trying to defend myself and seem to be getting the formatting / terminology wrong. I'm struggling to be sure of the correct forms I should use too as the court is most unhelpful suggesting they are providing me with legal advice when all I want to know is what forms to use / complete!
Many thanks in advance.