So have I been outmanouvered here? If I do raise the matter, the issue will be kicked into the long grass by means of another 10 week delay, or if I dont raise the issue , the defender has got a summary cause hearing against my company, but I have had to pay all the fees and do all the chasing?
Does the statutory scale come in to effect even if neither side are using lawyers but are presenting their own cases? At present my costs are £73 court fee and £60 sheriff officers serving fee, but if I were to gain more expenses than that it may be worth the additional wait to have the case re-called. Can you tell me what scale fees would be, original claim £1000, counterclaim £6000 please?
Its not that I am.looking to make a profit, it is more to put off defender from raising a frivilous counter claim because costs when awarded will be greater. It would now look to me that the counterclaim of £6000 even takes this out of the scope of Summary Cause and into an Ordinary Cause action.
It does seem extraordinary to me that the Sheriff will hear a counterclaim for such a larhe amount when the initial claim is small. There are no risks to meon the counterclaim, it is totally unprovable (if thats a word!) , but I want to be 100% sure they cant come back and say it was held in wrong court if I just turn a blind eye and proceed with case in small claims.
What the Sheriff Court are saying this morning is that it is up to the Sheriff on the day of proof to decide if matter should be remitted elsewhere. They say they have not verified counterclaim and that Sheriff will not have had time to look at figures at the preliminary hearing. They also say they wont punish the defender if he doesnt lodge his defence in time. he may just turn up on the day of the proof with his paperwork!
Wow, this is a faily one sided system, but I am sure you have heard that before!
Unless you have any other suggestions, I think I just need to lodge all my paperwork as if it is a Small Claims Hearing and turn up on the day prepared to proceed on that basis?
Thought I was finished with this one, but latest thing is they have served an Incidental Application on my client today seeking to defer case from May until August because Defender has hospital appointment for Orthapaedic Surgery the day before proof hearing . Surely the Court is more important than a hospital appointment, which says on the admissions note to contact them should they be unable to attend appointment? Is it worth me attending Court on Thursday to oppose this Incidental Application or is it a formality that it will be accepted? Final date for lodging Evidence for Proof is tomorrow, and I think Defender wont make that and is looking for as many delays as possible.