Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask a little more about the individual who should be paying the amount claimed please? On what basis is the third party liable?
Hi Joshua - did you get my reply?
Hi. I am sorry I didn't.
Are you at all able to repost? I am very sorry for any inconvenience.
The claim is for legal work that the claimant completed in relation to an investment in a subsidiary of the defendant. The work was for an investment agreement and associated legal documents together with an acquisition and related entirely to the subsidiary. Furthermore the subsidiary have been paying the legal fees to date (about £30k). The subsidiary recently decided not to pay the balance and since the defendant is now only a minority shareholder and has no other source of income the only option available is to persuade them to continue paying the balance. I was hoping that we could include the subsidiary in the claim to put some pressure on them to pay or make an offer to settle.
I have the form ready to go but need some help completing section B and section D.
I need to file it with the court and the claimant by tomorrow hence the high priority!
My Draft Order for Directions is:
Draft Order for Directions
The Claimant shall send to the Defendant and to the Court:
If the Claimant fails to comply with this order, the claim will be struck out without further order with costs in the case.
The Defendant shall thereafter file and serve the following
Thanks for the concise information above.
Section B is only relevant if the claimant has issued in the High Court. If it has you would ask that it is transferred to a court convenient to the defendant at county court fast track level.
If it was not issued in the High Court then you only need to complete section B2 choosing your court and giving reasons why - presumably convenience in attendance.
Great - they have asked for high court so shall I ask for county court and say the reason is location to defendant?
Based on what you say you may wish to join in the subsidiary as a joint defendant by way of a counterclaim. You can consider form N9B in order to do this.
Yikes - how do I do this before tomorrow?
If you make this application then you can complete section D indicating that you have made an application for a counterclaim in D1
The only other section that is relevant is D4 which you refer to above in your draft order for directions.
Have you already submitted a defence to the court?
HI Joshua - sorry I had to take a call.
Not at all.
Yes - we submitted a defence.
The debt that the claimant refers to relates entirely to legal advice they provided to xxx Ltd. The majority of this advice was for a significant investment of funds in xxx. The original liability was £51,193.40 of which xxx has to date madepayments of £37,306.00 to the claimant to reduce this balance. [defendant] have enquired with xxx why these payments have ceased and will endeavour to rectify this matter without any further legal proceedings and believe that [claimant] should be making their claim against xxx to whom the legal advice was provided.
This was the defence but we didn't specifically include the subsidiary at this stage. Can I tick tes to D1 and add "add another party" then send the N009 form later?
Should I say Yes in D1 refer to section J where I could add "yes - Add another party" and in the details say "We have made enquiries with xxx as to why they have ceased payments to the claimant and will be making a counterclaim in the next 14 days unless we receive a proposal from them to settle".
I really appreciate your help with this.
Hi Joshua - sorry to put you under pressure for this but I know the Royal Mail man will be collecting our post in the next 20 minutes!
Because you did not submit a counterclaim with your defence you would need to ask the courts permission to issue a counterclaim.
You will need form N244 and set out that you seek the courts permission to issue a counterclaim and who against and the reasons why and why you did not do so earlier. There is a fee of £80 to submit with the application.
This can be submitted along with the above form at the same time or it can go off tomorrow ot the day after if you have insufficient time today.
This is the form you need:
Is there anything else I can help you with?
OK thanks - should I say on the form under J that we will be seeking the courts permission to issue a counterclaim for the reasons I set out above and will file a N244 in the next few days?
Yes if you are not sending the N244 with the form you can indicate exactly as you propose.
Thanks so much for your help.
A pleasure. Good luck with your defence and counter claim.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.
Will do. If we proceed, do you think this is something you could help us defend on a no win no fee basis?
Unfortunately the terms of this site prohibit me from accepting private referrals however if you decide to proceed I can if necessary give you some names of firms that may be willing to take the matter on as and when the need arises.
OK thanks again.