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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex,Not sure if you remember me but you helped me

Customer Question

Hi Alex,Not sure if you remember me but you helped me complete a Directions Questionnaire on behalf of my mum who is taking a big bank to court for giving away her personal money to her partner (who withdraw from her personal account using fraudulent letters). The value of the claim is nearly £50k (including interest).Anyway, we have now had a letter back from the Court saying there will be a Costs Case Management Conference (CCMC) on 21st March which I need to prepare for. I now have the following questions:1) It states that the parties must fully complete a Form H (which I believe is the budget for costs). Do you have a link to this form and do we need to complete because we are representing ourselves (i.e. no costs involves really apart from time off work and travel etc)?
2) We now intend to apply for damages due to the financial loss my mum has suffered (i.e. the fact that she now has to rent for the rest of her life because she cannot afford to buy a house). Do we need to complete an Application Form (N244) to do this? We anticipate the damages will be around £30k making the total claim circa £80k. If we complete N244 - do we have to pay an additional 5% court fee for the £30k increased claim?
3) is there anything we should be doing?Thanks in advance and I look forward to your reply!Matt
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello yes I remember.1) https://www.justice.gov.uk/downloads/courts/cpr/pd3e-precedent-h-revised-wef-22-april-2014.xls2) yes you need to make a formal application using form n2443) no, not at this stage. The court will give directions in due course.Can I clairfy anything for you?Alex
Customer: replied 1 year ago.
Hi Alex,Great to hear from you again and thanks for the prompt reply.As always, I have a couple more questions for you:1) Do we need to complete the Form H given we are representing ourselves (i.e. no costs involves really apart from time off work and travel etc)? I read somewhere "Budgets must be exchanged and filed by all parties, except litigants in person"
2) Is the purpose of cost case management basis to allow the judge to simply review the budgets/costs by each party or will the Judge look into the Claim value as well and interrogate us on that?
3) Should we prepare the full Disclosure Report (N263) ready for this review?
4) Should we prepare a report that shows my mums income/outgoings each month? I assume the Judge will want to know how she will cover the Defendants costs should she lose and because she has Zero assets it can only be recovered by an Attachment to Earnings?
5) Will the Defendant's solicitors have to attend in person? It states in the Notice to us that the "CCMC shall not be conducted by telephone"Thanks again and as always I look forward to your replyMatt
Expert:  Ash replied 1 year ago.
1) If you are claiming costs (save for Court costs) the yes, because you can claim £18 per hour. Otherwise no2) No, budget of bringing the claim3) Not unless ordered4) Not unless orderedDoes that help?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Hi Alex,Just a couple more questions on this one:1) if we now complete an Application Form to include damages of around £30k (making the total Claim circa £80k) do we have to pay an additional 5% court fee for the £30k increased claim?
2) Should we add our costs (at £18 per hour) to the same Application Form as the damages (because the original Claim did not have our costs included (we only put down the court fee)?As always, I look forward to your reply.Matt
Expert:  Ash replied 1 year ago.
1) Yes you would have to2) No, time spent is later when costs arise.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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Customer: replied 1 year ago.
Hi Alex,I hope you are well. As normal I need some help.Today we received an Application Notice from the banks solicitors requesting that the Claim "be struck out pursuant to CPR 3.4(2)(a) on the grounds that the same discloses no reasonable grounds for bringing the Claim, and that the Claim be dismissed accordingly pursuant to CPR 24.2(a)(ii) and (b) and there be Judgment for the Defendant". They have then attached a Witness statement from one of their own solicitors that basically expands on the Defence they already filed in Decmber.My questions are as follows:1) Will the judge really strike out my Claim when we have yet had the opportunity to provide our Evidence to the courts? At this point they have only ever received the original Claim form from us which summarised the case at a high level.
2) They have requested that this Application is dealt with "at a hearing". Can you advise what is likely to happen next given that the Cost Case Management Conference is scheduled for 21st March?
3) They have also stated on the Application Notice "The Claimants attention is drawn to CPR 24.5(1). If the Claimant wishes to rely on written evidence at any hearing he must file a Witness Statement and serve a copy on the Defendants solicitors at least 7 days before the hearing". Can you please clarify what this means and what we need to do next?
4) We have yet to file our own Application Notice to add the £30k damages to the Claim. Do you think we should do this ASAP or wait until we hear from the court re their Application to have it struck out?Thanks again Alex and I look forward to your reply.Matt
Expert:  Ash replied 1 year ago.
1) No, you have to provide evidence now2) The application for strike out is likely to be heard before the CCMC. If not the CCMC may be used to hear the application3) You MUST provide evidence which you intend to rely on at least 7 days before the hearing4) I would wait the outcome
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
Hi Alex,Thanks for your quick response.However, I am unclear when you say "1) No, you have to provide evidence now". Are you saying that we must provide evidence ASAP to the Court? If so in what format do we provide this evidence (e.g. an Application Notice) because previously you have always said wait for Directions from the Court. At the moment they have not asked for our Disclosure Bundle or a detailed written account of the case.Please could you expand on this for me with a more detailed answer because I'm now anxious?ThanksMatt
Expert:  Ash replied 1 year ago.
You must prove evidence 7 days BEFORE the Court hearing to strike out your application.You need to file witness statements and evidence in response to the application to strike out 7 days before the hearing.Forget about disclosure bundle etc. If you have evidence for your claim you need to file and service it 7 days before the hearing.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
Hi Alex,Thanks for the clarification and I will now prepare all of the evidence to the Court. However, what format should I do this in? The Defence filed an Application Notice to strike out the Claim and included a detailed Defence/Witness statement to support the Application. Should I file an Application Notice to Strike out the Defence and include the Evidence within this Application? If not what forms needs to support my evidence?Thanks againMatt
Expert:  Ash replied 1 year ago.
If you are making an application to strike out the defence then yes. Otherwise you simply submit a witness statement with your evidence attached.
Expert:  Ash replied 1 year ago.
Does that help?Alex