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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6531
Experience:  Senior Associate Solicitor
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I ve sent you a couple more questions. Can you see them?

This answer was rated:

Hi I ve sent you a couple more questions. Can you see them?

Hi, they seem to appear in your first question so I have answered those now with the links required for the pre-action protocol and the mediation.

Let me know if there is anything else I can help (and thank you for posting the further question here).

Jim

Hi again, regarding your further questions.

Q: Thanks Jim. One more on mediation. So will it look bad if I say that I believe I've done everything reasonable in my power to settle but the defendant won't discuss or be reasonable?

A: no, the court just expects the parties to at least try and engage in talks to avoid litigation. If you have done everything and the other side are not engaging then it is not your fault - they will have to explain to the court why they did not make any attempt. It is to do with conduct - the court takes these issues seriously.

Q: You see I don't want to add any more cost because the defendant is playing a game.

A: that is up to them - if their case has no merit or flawed in a significant way then you should consider making an application to strike out their claim. Let me know if this applies as I can tell you how to go about doing this.

Customer: replied 10 days ago.
It s me that is the claimant.

thanks, the answer still applies - if the defence has no merit you can apply to strike it out and seek summary judgment against the defendant. It is a useful tool to get the claim decided sooner rather than later.

Sorry, I cannot take a call at the moment. If no one calls you then you will not be charged for it. However, the call request is open to all experts - if you want to cancel the call then please send an email to [email protected]. I can continue with the question online if that suits?

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