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Hi Alex, first of all I have put the wrong email address! It should be***@******.***
The person there today was a merchant banker but had authority to act on the claimants behalf. Both Claimant and Defendant are Limited companies. He said after the court hearing that they have appointed council but I do not believe that. I have discussed this with my brother (who is a director of the business as well) and we believe (there reputation is not good in this area) that they are scare mongering and want to frighten so that we make an offer outside of the court. The representatives comment was "no-one wins if the process is conducted in there - meaning the court room".
I have to say that neither my brother or myself were expecting the actions of the claimant or the judge today and there is simply something not right about the whole manner in which the proceedings were conducted. it was almost as if, as defendants, we had no option nor any voice/say in what the next moves/processes were. there has to be a breach of Court Rules and basic law. Innocent until Guilty seems not to apply here. I hope you got the earlier message bout our phone out of action and I live in an area where O2 is not covered.
I am not sure what the cmc is? Is it Case Management? If so, no it was not a cmc. We received a letter from District Judge Davies on 17 June ordering us to attend today. To quote "District Judge Davies has considered the statements of case and directions questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made"
The claimant should have delivered their questionnaire by 11 June but for some reason gained a further 2 week extension. We have not seen any documents submitted by the claimant, not had any engineers reports or seen any of the original repaid invoices.
The Judge presiding today effectively gave permission to the claimant to reinstate a new claim - far higher than the first one - and our position and fact that we have never received anything was effectively ignored. No due process had been completed and certainly Pre Action Protocol has been evidenced by the claimant. As defendant, however, we have tried to sort this out but have been totally ignored.
Look forward to your thoughts.
There were no allocation of costs but the following was decreed
1)Claimant advised that the claim is now vastly increased. This puts it into the Multi Track process
2)Claimant advised that they only received the Expert Report yesterday. We asked for a copy and did not get it
3)Claimant advised that the increase in claim is due to the addition of Consequential Loss claims
4)Judge allowed a new claim to be submitted by 4th August
5)Judge advised that Defendant must respond to the new claim by 4th September
6)Cost/Directions hearing to be as soon as possible after the 18th Sept and has allocated 1.5 hours
We asked about how we get documents from Claimant - was told by the judge that information will have to be exchanged. So we will not have had any data from the claimant for almost a year but they have been able to pursue their case almost with impunity. Something very wrong here with the process but I do not know what that is.
Look forward to hearing from you tomorrow.
Many thanks for this. Very useful. I will examine Part 18 this evening.
If I need any further info, is it OK to make contact again??
One further question: this case is on the Multi Track - Part 18 relates to Fast Track.
Under what rule or Part can I request disclosure of documents. We have had absolutely nothing from day one and the judge has approved a new claim without any consideration for the defendant. Hence I believe we are entitled to disclosure now but need to know what legislatioon gives me that right.
Also am I entitled to ask the Judge why he made a particular decision given we have not had any sight or knowledge of any new data?
Many thanks. Could you just explain what "disclosure" involves and am I entitled to write to the Judge and ask him to explain under what law the process was conducted last week?
Many thanks. I will keep you posted..
Have a good evening.