Hi thanks for your question. My name is***** can answer your query for you.
What would you like to know please?
Thanks Tony, I'm struggling to understand what parts I need to complete. Can we go through it stage by stage?
Of course, you tell me which bits and I'll give you some info about them.
Ok great, Stage A: Settlement. I've confirmed I wish to settle the claim before the hearding A1.
I've also said yes to A2: One month stay
Section B: COURT I am confused about
B1 (High Court Only) I don't really know if i have to do anything here?
Are you in the High Court or County Court now?
I'm not sure!
How much is your claim for?
I made a Money Claim Online and then received this questionnaire!
It should say which court in the last communication from the court.
How much you suing for?
okay, it'll be the county court.
Northampton Court it says!
So you can ignore section B1.
Yes, it's a county court.
ok great. I am based in London so can I change this to a London based court?
B2 - do you want it in any particular court (i.e. to be local to you) - just say so if you do.
You can ASK for it to be changed, there is no guarantee.
It's up to the court to decide.
B2 Trial (All cases) It asks if any reason why claim needs to be heard at a court or hearing centre?
Do you have address of local court in London please?
yes, if for example, you struggle to travel... or your witnesses live in proximity to a certain court.
We are both based in London so makes sense to move it to london
So B2 is YES and state a london address as we both live here?
You need to do a search for whatever court is near you - i.e. on google, there is no central registry to find out. There is a CENTRAL LONDON COUNTY COURT though in the royal courts of justice - https://courttribunalfinder.service.gov.uk/courts/central-london-county-court
Ok great. Section C Pre-Action Protocols?
What's your claim for - i.e. why are you suing?
The business went into administration in Feb 2014. Then bought later in Feb 2014 and all contract transfered over under TUPE. My contract has a exit agreement in place based on money taken for the previous year, 2013
I left the company in May 2014 and that triggered my exit payment
They are saying they dont need to pay the money
okay, there is no pre-action protocol to worry about. Just put N/A in the box and move to next Q.
You can probably ignore D1 if you're not making any applications etc., and just put N/A in box D2.
D Case Management Information... what is this part please?
what does this mean please?
You dont have to worry about D3.
D4 - depends what disclosure you want, most people put "standard disclosure".
Sorry - can you please explain what D1 means?
It's asking if you've made an application in the case. The fact you're asking means you probably haven't. Remember, this form is used by all lawyers for all cases, and so yours is simple, some are not.
ok great. D2 Track doesn't apply then?
It's asking what order you want the court to make regarding disclosure of documents. I.e. do you want an order for specific documents, to limit disclosure, or do you want "standard disclosure", which is all documents that affect the claim, which is usual.
ok great. I'll use "Standard Disclosure"
It has some check boxes for multi-track cases....ignore these?
Yes, you're in fast-track.
filed and served a disclosure report form n263?
so move on to section E?
Do you need an expert, if so, say so here.
I am happy discussing the case myself
You only need an expert if a professional's opinion evidence is required.
In other words, can the court work out the answer without, for example, specialist scientific, medical, surveying evidence etc...
Is it simply a case of reading a contract and coming to an answer.
Ah yes they can. I don't need one, great!
I can then leave the other questions because I have answered no to the first?
F - whoever you think might give evidence for you.
About what - most people put "All relevant facts" or something like that, but obviously, it depends what they're going to give evidence on.
It helps the court plan the trial date, the order of witnesses etc., but it's really only a general idea now, you're not bound by what you put in this form.
Ok great - So I can put down any witness I believe relevant and the facts they will bring?
Only brief detail here - don't do more than a sentence for each witness.
Do I need to do anything here?
Ignore it, move H
Sorry ... I'm wrong.
G - you need to do estimated length.
Most fast-track cases are done in one day or less.
Again, you're not held to this.
I think It should only take a day 4 hrs at most
Best usually saying a day.
Because as a litigant in person, things will take longer.
ok great. I'm away in November for 1 week so will add this below...
under section F do i need to put my name also?
Yes, you do.
H - you ignore completely.
I - you have to put in the fee and enclose your cheque.
Section I: Other Information?
it asks "Do you intend to make any applications in the future?"
If you're asking me, then I'm assuming the answer is "no".
I'm not sure what the question means!
It's asking if you intend to make any application, like for an injunction, or for preservation of documents etc....
Usually, in most straight-forward cases, the answer is "no".
There is also a section to add other information. Do you recommend adding anything here?
No, not usually.
Then, I think you're done?
The rest is just a standard signature etc...There is nothing regarding fees at this point
Okay, that's it then - sign it, send it back and you're done!
The Court will either make directions on paper or call a hearing in due course.
Great. In order to take things further and discuss and agree a settlement with the defandant do I do this immediately or wait to see what the court says?
You can try and settle now - don't worry about the Court, it likes you to try and resolve cases without it being involved.
My only comment to you would be that you are at risk of a costs order if you lose this claim if the defendant uses lawyers.
Ok great, I shall get in touch and communicate this. Do you suggest putting a figure down on email or do this over the phone?
I would therefore encourage you to seek professional advice from a solicitor on whether you're likely to succeed and what you can hope to achieve by way of a settlement.
How you try and settle is a person thing. Personally, I like to keep things in writing, but there are no hard and fast rules.
ok fantastic! thanks for the help today. Very much appreciated!
You're welcome! Good luck with it!
Can I just check you're happy with my service today please?
Thanks, ***** ***** happy! I will complete the feedback below!