Ask a Law Question, Get an Answer ASAP!
Hi, the amount of the claim is £20 083 and it is brought against us by a subcontractor who failed to complete a project for us, but believes that he should be paid
I am not sure how to answer some of the questions on the N181 form
Also, I have been asked to file proposed directions, and I do not understand wht they mean by this
I need to have this information to the Court by Wednesday, so I am very anxious to get this resolved in order that I may post it tomorrow
Which questions are you stuck with please?
Yes don't worry about that. Just put in that box standard fast track directions.
Unless there is anything specific you want.
That way the Court will list the matter and allow for:
- standard disclosure
- expert evidence (if applied for)
- questions to experts
- reply from experts
- exchange witness statements
- file pre trial checklists
- list the matter for trial
If it is a £20k value it should be fast track which means it is heard in one day.
Therefore you should ask the Court for standard fast track directions.
Is there anything else you are stuck with or can I clarify anything else?
Is there a specific box that is correct for requesting standard fast track directions? the box in section I seems to be the logical place. It is written on the Order that we need to file proposed directions (whether or not agreed).
Do I put something along the lines of, as we are acting as litigant in person, standard fast track directions are suggested?
Also, question B2 states "is there any reason why your claim needs to be heard at a court or hearing centre" which does not seem to make a lot of sense. Looking back at some examples of older forms, it would seem that it should say "any SPECIFIC court" etc. Is this correct?
Also, this case is has arisen because the Claimant (to whom we had subcontracted a specific task) failed to complete his job, which resulted in us being dismissed from the project. However, he still believes that he should be paid for the excessive time he took to try to complete the task, despite, as we now know, he did not have the necessary credentials. This resulted in our system being removed and replaced by others, purely down to his failing. There is therefore a real possibility that we will receive a claim from the company for whom we were working, for the costs associated with this, which we would then pass on to our subcontractor. Should I make any reference to this at this stage, or will this be a separate issue?
I would just write you are Litigant in person, standard fast track directions propsoed.
B2 - usually if the Defendant is an individual it will be transferred to their home Court. If they are a business then its transferred to Claimant's home Court
You dont need to make reference to the credentials now, that will be a matter of evidence in your statement.
Does that help?
Thank you Alex, that is most helpful
Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
If you need more help please click reply