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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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HI We are in dispute with a client and are going to court.

Customer Question

HI We are in dispute with a client and are going to court. We have recieved the following comms from them and would ask your advice:

Dear Mrs Forster,

I write with further reference to the Order of 7 May 2013.

As you will be aware the next step is the filing of the pre trial check list which must be undertaken by 21 June. At that time you must pay the fee for that stage and also the hearing fee (£110 and £545 respectively).

In our e mail of 10 April, we made it plain that in our view this action is fundamentally misconceived.

The developments since mean that your case cannot possibly succeed not least because you are not in position to adduce witnesses of fact or expert evidence at the trial. In the absence of such evidence, whatever your perceptions as to the underlying merits, I cannot conceive how it is even open to the court to find in your favour.

In such circumstances, I repeat my previously expressed view that the continuation of this action will serve only to increase the costs which you will be liable for. It should be discontinued without further delay.

I respectfully XXXXX XXXXX if you are in any doubt as to the above, you seek urgent independent legal advice.

This e mail is written on an open basis. If the action does proceed to trial we will seek our costs on an indemnity basis and reserve the right to show this e mail to the court in connection therewith.

Regards

--
Simon Foster (Solicitor)
General Counsel

Direct Line: +44 (0)1923 280916
Direct Fax: +44(0)1923 280920
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 3 years ago.

We are in discpute with a client on some extra works that have been carried out on site.


Our Contracts Manager who was running the project is no longer with the Company and we are no longer on speaking terms.


 


We were approached by Vinci Construction to carry out some works on one of their site. VCUK wanted to place and Order with us but they wanted to speed the process up so they requested one of their Subcontractors to do this. We subsequently carried out the works, but encountered numerous site problems meaning our works had many delays and extra costs.


 


These costs were forwarded to VCUK and the works were completed. VCUK are not willing to pay these extra costs.


 


We have a full documented eveidence of events on site which we feel VCUK are responsible for, however we have no witness statements to put forwards as the main witness is no longer with the company.


 


Therefore VCUK are claiming the following:


 


'The developments since mean that your case cannot possibly succeed not least because you are not in position to adduce witnesses of fact or expert evidence at the trial. In the absence of such evidence, whatever your perceptions as to the underlying merits, I cannot conceive how it is even open to the court to find in your favour.

In such circumstances, I repeat my previously expressed view that the continuation of this action will serve only to increase the costs which you will be liable for. It should be discontinued without further delay.'


 


Are VCUK correct in their estimation?


 


 


 


 

Expert:  Stuart J replied 3 years ago.

These matters are decided on the balance of probabilities and there fore 1% swings the balance. Unless you can prove that this money is owed, then you lose and often pay winners costs

How much are you claiming extra?

How much is the original job?

Are you using solicitors? Why not?

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