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Alex - yes I have but it was only in the documents on which the defendant is going to rely that the claim for £2000 is mentioned
Thanks. What will happen is the matter will be listed for a single hearing
The Judge will then decide whether to allow the claim or counter claim
As such it will all be dealt with at one hearing by the Judge on the day
So it will be slightly longer than a normal hearing because the Judge is deal with the claim and counter claim
Can I clarify anything for you about this today please?
Thank you. I presume the claim and the counterclaim will be decided at the hearing but would I be correct in thinking that any claim for compensation would have to be the subject of a separate case brought by the current defendant?
Yes and No! If the Judge decides that the defendant should not pay any of my claim (£2,300) and furthermore decides that I also owe the defendant an additional £2,000 in compensation will this all be finalised at the hearing? Surely I should have a further opportunity to defend the claim for compensation?
Yes it will be finalised. But if there is a counter claim you deal with that in your evidence which is submitted 14 days before the hearing and you deal with it at the hearing.
The Judge will want to hear representations on both matters together.
The Judge will deal with the claim
The Judge will then go onto to deal with the counter claim
You will have an opportunity to defend, but you must supply evidence in advance as to why you are not liable for that
Does that clarify?
In this particular case, I submitted my evidence 14 days before an original hearing date. The defendant claimed that he had not received notification from the Court of the hearing date and then applied for an adjournment which was granted on the afternoon before the hearing. When the new date for the hearing was announced only the defendant was given the opportunity to provide evidence in support of his case. It was only on reading his statement that I became aware that he intended not to pay any of my invoices (my claim) and also seek compensation. I could not therefore provide evidence in advance to rebut his claim.
Ok. Was there a counter claim when he filed a defence?