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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Re: Professional Negligence – Small Claims Court This matter

Resolved Question:

Re: Professional Negligence – Small Claims Court
This matter commenced in March 2014 and has been the subject of over 90 pieces of correspondence with 23 different people at Scottish Power
Because of this on 6th April 2015 I sent Scottish Power a Pre-action Protocol for Professional Negligence – Preliminary Notice. I received no response
On 6th May 2015 I sent Scottish Power the Letter of Claim. Again no response
On 20th January 2016 I served Court papers on Scottish Power. Again no response
On 22nd March 2016 (Long after the time to file a defence was due) attorneys for Scottish Power filed “A Notice of Acting” with the Court and subsequently responded to a “Directions Questionnaire”. In the questionnaire that did NOT answer the section re “Have you complied with the pre-action protocol”
On 16th April*****issued a “Notice of Preliminary Hearing” at which Scottish Power have been invited and at the same time requested mediation
This would seem to make a mockery of our justice system and if allowed would enable corporate defendants to ignore all legal proceedings (At the expense of the plaintiff) and still be given a bite of the cherry.
I do not believe that Scottish Power has any legal right to participate in these Court proceedings having ignored all Court processes and procedures and that the Court is in error. What can I do to correct this abuse of the Court system
Kind Regards.
***** *****
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello Tony my name is ***** ***** I will help you with this.Just to be clear, did they file a defence? Have you got Judgment against them yet?Alex
Customer: replied 9 months ago.
They did not enter an appearance or file a defence. I have only filed a directions questionnaire since filing suit on 20th January 2016. In March they filed a "Notice of Acting" and a directions questionnaire
Expert:  Ash replied 9 months ago.
Is this a Part 7 or Part 8 claim? Did you not get Judgment in default of a defence?
Customer: replied 9 months ago.
I am not sure what is part 7 or part 8. I have not yet filed for Judgement in default. I was planning to do that tomorrow but a preliminary hearing has been set for 16th April for both parties
Customer: replied 9 months ago.
Sorry 16th May
Expert:  Ash replied 9 months ago.
Ok - how did you make the claim, was it online or paper?If paper did you complete form N1 or N208?Alex
Customer: replied 9 months ago.
N1
Customer: replied 9 months ago.
Paper
Expert:  Ash replied 9 months ago.
Ok, if you didnt get Judgment in default then there is a live claim. As such even if they didnt file a defence, because the matter has been set down does not give you an automatic right to Judgment.So yes, even though they have failed to respond does NOT prevent them from taking part in proceedings.This is NOT a Court error. Unless you have Judgment the Court can set it down for a further hearing.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Thanks Alex but waht rights does the defendant now have when they have not filed a defence?
Customer: replied 9 months ago.
Sorry what not waht
Expert:  Ash replied 9 months ago.
Well that depends on the Judge the order makes.The Judge may say Judgment in default for an amount to be decided by the Court.Or the Court may need to be satisfied that there is negligence.Just because you bring a claim and it is not defended does not mean it automatically succeeds. You still need to prove it in law.Does that clarify?Alex
Customer: replied 9 months ago.
Understood but whatt evidence evidence can the defendant produce when they have not filed a defence
Expert:  Ash replied 9 months ago.
They can with permission of the Court. Under CPR 3. Does that clarify Alex.
Customer: replied 9 months ago.
Thanks Alex but it does not seem right that a defendant can ignore Court processes and still have these rights
Can I protest this with the Judge. It is almost like being ambushed
Expert:  Ash replied 9 months ago.
I agree. But the matter will be set down for a hearing where you can raise these objections. You still have to prove any claim.Does that clarify?Alex
Customer: replied 9 months ago.
Thanks AlexI will do so at the Preliminary HearingThanks for your helpTony
Expert:  Ash replied 9 months ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 9 months ago.
I will do so nowTony
Expert:  Ash replied 9 months ago.
Thanks Tony. Alex

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