Ask a Law Question, Get an Answer ASAP!
Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you.
Is the claim being made against you?
OK, has a defence been filed yet? I presume you received a letter before action from the claimant - presume court proceedings have been issued?
OK, thanks. When they do file a claim (assuming they do) then you need to prepare a defence to address their allegations. You should respond to the DAC letter of claim as there is an obligation on the parties to try to avoid court proceedings if possible.
The claimant has to prove their loss too - they need evidence of the damage and also evidence of any negligence.
Would you like to know anything specific regarding the claim or court procedure?
OK, thanks - video evidence is allowed and if the court accepts what you saying is "likely" to be the truth, your defence will succeed. You should make these points in a reply to DAC. I can check your proposed draft reply to DAC (I cannot do it for you as solicitor-client relationships are not permitted on this site, sorry).
Thanks, it's a small claim - DAC cannot recover their legal costs under small claims rules. That is one thing. Secondly, you do not admit liability - you deny liability and you will set out your reasons why - and to invite the claimant to discontinue their claim as being totally without merit
Normally costs are not recoverable in the small claims track - but the court has discretion under rule 27.14(2)(g) to award costs if the other party "behaves unreasonably", examples being a failure to respond to letters/emails/calls, unwillingness to discuss the case and discuss settlement, a claim which has no merit, not following the court directions, etc.
It would be a scare tactic from the other side's solicitor if they say further costs are going to escalate
*rule 27.14(2)(g) of the Civil Procedure Rules 1998*
To upload a document please see the following guide:
Yes, simply acknowledge their letter, tell them you will provide a substantive reply with your liability decision shortly, and to refrain from issuing court proceedings (remind them the courts encourage the parties to avoid litigation wherever possible)
And if you come back here when you're ready to send the letter. I am around at lunchtime tomorrow and the evening too if you have further questions or if you want me to check your draft.
I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.
That looks fine, I would mark it "without prejudice" at the top of the letter. Then send it off to them. Let me know if you need any further help with the claim. Thanks
Many thanks, ***** ***** good evening