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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am involved ina civil case in the chancery court.I am one

Customer Question

I am involved ina civil case in the chancery court.
I am one of 5 defendants (4 people (myself included) and a company.
The claimant has stated all 5 are equally liable.
The company and 3 other defendants have settled.
The claimant has so far refused to state what damages it wants thus preventing me from making an offer.
I estimate damages claimed to be £70K ish.
Claimant Costs in March were at £265,000
Costs rose between March and December to £300,00 due to the claimants settlement with other parties.
I believe The claimant to have received around £225,000 so far from the other parties.

Q. Based on a 2/3 of cost and 1/5 of damages+cost (my share) My share in March would be around £50K. But the costs are rising due to others settling and also the claimant has recieved a significant amount from the others so how do I offer them something when they refuse to say what damages are (Yet have settled with the others)

Q. Can I force them to tell me what they want?

Q. Whats to stop them making a profit as no one is allowed to tell what they settled for? Can I ask the judge to review it.

Q. Finally the costs are stupid and I believe include many things that I should not be liable for at huge rates, such as Company directors x2 attending court at £2,000 a day each. Solicitor rates at the top end of the spectrum etc etc. Can I force them to divulge what the breakdown of the bill is??
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

I will wait, I think a barrister would be best

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

How have you managed to settle if you do not know what the damages are?
Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm afraid leanne-jones is no longer available to answer questions. I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you push this to a full hearing they will eventually have to divulge all their costs information.

What stage of the proceedings are you currently at?

Kind regards

AJ
Customer: replied 3 years ago.

AJ


 


I am at disclosure; Obviously both damages and cost will all come out at the hearing however I want to know about damages now not later. With cost at £350,000 and rising they could hit £500,000 by the time this is done. I want to know if I have any hope of making an offer before this gets too high

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

You can always make an offer to settle. Under the CPR there is something known as a part36 offer, this basically has cost consequences for the party that refuses and then fails to get a better judgment at trial.

Have you asked them what they would be prepared to settle for in a without prejudice correspondence?

Kind regards

Aj
Customer: replied 3 years ago.
AJ

I am aware of both a Pt36 and a Calderbank. The issue with the Pt 36 is that I make an offer for damages and accept all cost. The damages are small the costs are high. It's really the cost I want to reduce.

Also despite having asked in court what the claimant wants they continue to refuse to tell me making any offer a waste of time as I can't possibly just guess.

We are now back at the list of questions I posed but so far have no answers to

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.

I'm becoming very disillusioned with this. First a lengthy delay, then the barrister pops along but runs off without helping. Next another chap throws in his penny's worth but again doesn't actually answer the question.


 


Are there no real experts able to answer the questions posed at the outset?


 


Kind Regards


Dennis

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