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Nicola-mod
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Category: Law
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I am in court next Thursday I have received a letter form the

Customer Question

I am in court next Thursday I have received a letter form the defendants solicitor “DRAFT DIRECTIONS, FOR ALLOCATION HEARING” in which he appears to be attempting to ignore my request that the matter be heard at a construction court, ignore the fact that both parties had requested arbitration in the first instance.

How can I enforce arbitration or moving the case to a technical court, again the defence is trying to get expert witnesses architectural and building surveying, for what purpose other than to add cost and waist time is not known,

The last hearing was on 24th Oct 12 I am loosing the plot
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 still require an answer, preferably before the court date

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
Customer: replied 3 years ago.

Apart from my previous query, not yet been given an answer, I also would like to make the court aware that the defendant is quite prepared to tell lies.


 


During our sort period of engagement with this client, we became aware that there was a problem.


 


The problem is now exposed, this client was a dentist, during our tenure or there about he did a number of things which the General Dental Council deemed significant and struck him of the list, apart form doing the patent an injury, he also made or had others make a false insurance claim, one of our problems so far is his honesty in particular he states that he has paid monies, which he has not, and refuses to divulge the evidence he says he has to prove his allegation, our record show no payment made.


 


How can I make the court aware of this persons propensity to tell lies at each and every opportunity, where he sees a potential benefit.


 


Also, although this person appears or appeared wealthy at the time we were working with him, now with no employment, he is not allowed to conduct business as a dentist or to manage one, how can we make sure we can get paid at the conclusion of matters?

Customer: replied 3 years ago.
Relist: Other.
no answer has been received
Expert:  Nicola-mod replied 3 years ago.
Hello,

We are still looking for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.
Relist: I still need help.
Expert:  Max Lowry replied 3 years ago.
Hi, welcome to Just Answer. I will help you with your question.

You can attend at the hearing and explain to the Judge why you believe it's appropriate for a transfer to the technology and construction court. His draft directions are just what he is seeking, it doesn't mean you can't have your say - you can - and the Judge will decide what to do.

You can draw the Judge's attention at that hearing the lies that are told, but to be honest, the Court might not worry too much about what you have to say on this until the final hearing, when the evidence can be tested in cross examination.

Does that answer your question?

Max
Customer: replied 3 years ago.

i was already aware that i could make my case with the judge, in fact i had already written enough for the judge to tackle solicitor for dragging his feet


 


the judge has sent the matter to Birmingham technical court however in the first instance i was asking to take the matter to mediation or arbitration, but i am unable to identify the means, justice.gov appears to send me back to form N1 which has been in existence of about 12 months now, where do i go from here.

Expert:  Max Lowry replied 3 years ago.
I'm not sure I understand what you need to know now?

If you're asking how to force mediation, then you cannot. This is up to the parties to agree to do - the Court cannot force you to enter mediation.

Max
Customer: replied 3 years ago.

both parties stated that they were agreed at the outset, what i need to know is how to start the process

Expert:  Max Lowry replied 3 years ago.
To start what process?
Customer: replied 3 years ago.

arbitration or mediation i know not the diference

Expert:  Max Lowry replied 3 years ago.
You cannot force either process if you have ongoing court proceedings. The parties have to agree to them jointly.

If you can agree, the Court will just direct that it happens. But unless you agree, nothing will happen.

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

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

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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