Unless Order

[deniss]

I'm helping a friend to defend a claim, he has no money at all, we have received an Unless Order to pay an joint expert witness. First of all we do not not have the money yet, 2: we want an invoice before considering payment, 3: we do not want to pay the claimant's solicitor as they were in 1995 disbarred for misappropriating clients funds and were reinstated with a £10,000 fine. 4: The expert will not answer our request. MOST important I want to know what form I use to answer / defend the Unless Order on form N244. The case has been going since April 2015.

[MIKE770]

Re: Unless Order

care to enlighten us to more history on this case?

[deniss]

Re: Unless Order

care to enlighten us to more history on this case?

All I am really after is the number of the correct form to answer and Unless Order on form N244.

[Kati]

Re: Unless Order

[MENTION=87380]Diana M[/MENTION] ??

[deniss]

Re: Unless Order

@Diana M ??

Did you answer my question? if so I cannot find the answer.

[Kati]

Re: Unless Order

Did you answer my question? if so I cannot find the answer.

no, sorry ... I was tagging someone who might be able to answer you xx

[Amethyst]

Re: Unless Order

Was the Unless Order issued after a case management hearing or application by the other side? If application you should have had opportunity to put your case forwards before theJudge made the decision. It would be a N244 application to set aside the Unless order ( relief from sanctions possibly - depending on the word of the order).

Usually experts are chosen by both sides and costs agreed in advance so we'll need a little bit of background how you got to the point of being ordered to pay an expert witness by the court. (Is the Unless your defence be struck out? )

[deniss]

Re: Unless Order

Ok Thanks

[deniss]

Re: Unless Order

The case has been going on since April 2015, the basic information. Is my friend lives in Thailand and rented his shop out on a verbal agreement in Sept 2009, the tenant fell behind and had arrears of £48,000+ we sent in bailiffs to change the locks the "tenant" took out an injunction saying that the agreement was 3 years free rent and whatever he spent to improve the property he would get back, he's claiming £135,000. Both my friends are brother one lives in England and one in Thailand the owner, his brother who has POA lives in England, none have no money to defend the case and asked for my help. I do not have any legal training but have been handling the case for them from the start. The court gave permission for an Expert witness to do a survey as to the cost of improvements. My friends cannot pay the 50% expert bill at the moment £1500. So the claimant has put together a draft of an Unless Order to pay the money within 7 days or have the case stuck out. I have attached the order. I'm getting ready to answer this but since I have been helping with this case I have had problems finding the correct forms, this takes me longer the completing the answers or request to court orders. We still do not have a trial date. The claimants witness has delayed the proceedings from the very start by not complying with the court orders I have apply to have the case S/O without success. Now we have this order without money to pay it I have told my friends to apply to the Pro-bona system for help at the High Court, and yesterday to apply for relief of paying court fees form EX160. But I'm not sure which form to use to answer this Unless Order as whenever you receive a court order you are never told how to answer them, or inclose the forms

So as you can see this not a simple case.
Regards, Denis