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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
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l was informed by letter that l would be served with court

Resolved Question:

l was informed by letter that l would be served with court proceeding on a date given by the claimants solicitor,if l did not contact them,but l received the court papers 24 hours before the date she gave for my solicitor to contact them.
Is this in order?
Feel could have resolved this issue if allowed the time she stated in her letter.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of claim is this?
Customer: replied 2 years ago.

access to a joint courtyard, but because of common ownership.l owned the 2 propertys , before selling the servant one ,l am the dominant property.

Easement is entered on both deeds,made the claim on common ownership.

this enquirie only costs me the one fee of 36 pounds?

Customer: replied 2 years ago.

access to a joint courtyard, but because of common ownership.l owned the 2 propertys , before selling the servant one ,l am the dominant property.

Easement is entered on both deeds,made the claim on common ownership.

this enquirie only costs me the one fee of 36 pounds?do not want monthly deal

Expert:  Jo C. replied 2 years ago.
You need to email customer services about the type of subscription that you are on. I am never involved in that.
Customer: replied 2 years ago.

l only want to know whether the claimants solicitor was in order to send me court papers before the deadline she stated in her letter

Expert:  Jo C. replied 2 years ago.
If the solicitor jumped the gun so to speak and this goes to court and you lose, you need to raise the issue of the premature serving of documents before the deadline expired as evidence of unreasonable behaviour on behalf of the claimant and asked the judge to penalise the claimant by not allowing costs in respect of certainly the issue of the proceedings.

If this manages to settle out of court and the claimant wants costs you can defend their costs application on the same basis.

It goes to court and you lose, then you are no worse off, whether the solicitor jumped the gun on the deadline or not.

Can I clarify anything for you?
Customer: replied 2 years ago.

Hi thankyou for your reply, l thought the issue of serving the court papers

before the date was out of order.

Your last comment (if it goes to court and you lose,then you are no worse off,)

do you mean because of the first sentence, you wrote stating the

premature serving serving?

Expert:  Jo C. replied 2 years ago.

What I’m saying is that if this goes to court and you lose, it doesn’t matter whether the documents are served early, on time or late.

It only makes a difference if you settle out of court and they want paying for issuing the proceedings issuing proceedings wasn’t necessary and it could have been settled without the issue of them

Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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