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Ed Turner
Ed Turner,
Category: Property Law
Satisfied Customers: 1367
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a small claim dealt on multi track due to a counter

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I have a small claim dealt on multi track due to a counter claim. I don't trust teh local court. Can I have it upgrade to bring it in high court.And how ?

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer. However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

In order to transfer a claim from the County Court to the High Court, you must apply under Part 3 of the Civil Procedure Rules 1998 ("CPR") under the Court's general case management powers. The Court must be satisfied that the proceedings should by discretion be transferred to the High Court having regard to the criteria in CPR 30.3(3), section 42(2) of the County Courts Act 1984 and CPR 30.3(1)(a)).

Unfortunately, I do not believe that the Court will be impressed with a party's mere assertion that the District Judges in the County Courts cannot be trusted as much as the Lord Justices of the High Court. There must be a compelling reason, such as the complexity of the issue of fact or law, or the case involves matters in the public interest, such as a conflict of one statute with the Human Rights Act, as to why it needs to be heard in the High Court.

I am sorry that I do not have better news for you, but I must be as honest as possible with you in order to act in your best interests.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Customer: replied 7 months ago.
I enter a small claim for £3000 only of unpaid rent and it ended up on teh multi track with a £50 000 of budget against me due to a Part 8 Counter claim. Does it make it complex enough ?
Customer: replied 7 months ago.
I enter a small claim for £3000 only of unpaid rent and it ended up on teh multi track with a £50 000 CCMC budget against me due to a Part 8 Counter claim. Does it make it complex enough ?

What was the subject matter of the Part 8 counterclaim?

Customer: replied 7 months ago.
They are asking if they are been a repudiary breach of their lease due to their belief that the previous landlord did not maintain the property properly. Teh repudiary breach would have happened a few month before I bought it on auction as they stopped paying during the auction marketing

OK, and how much would their damages be if the court decided that there was a repudiatory breach?

I am surprised that they would issue under Part 8 if there was a dispute of fact or law.

Are you sure is not a Part 20 Counterclaim?

Customer: replied 7 months ago.
They paid £308 of fees only and it is about a repudiary breach about a lease. As teh event took place prior 2015 and I bought teh property in March 2019, they expect a lot of my ignorance of teh facts!
Customer: replied 7 months ago.
You can see the counter clainm document
Customer: replied 7 months ago.
The N210 is for a claim not a counter claim. Should I apply gainst teh procedure with a N244 ?

Thank you for uploading the Defence to the Portal. I have reviewed the PDF and it is indeed a Defence to your Part 7 Claim and a Part 20 Counterclaim against you by your opponent.

Part 8 has nothing to do with this Claim.

The value of the combined Part 7 and Part 20 claims is in excess of £25,000 and therefore the Court will allocate it to the Multi-Track. You will be given the opportunity by the Court to state your preferred venue of the Court in the form of a Directions Questionnaire. If you would prefer to have the case heard in the High Court, can request this in the DQ.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Customer: replied 7 months ago.
They paid a fees of £308 only and there is no value in their defence and counter claim.Just some threats (the so called £99 000 is only an invoice between two connected companies.
I have also abandonnated part of teh claim (for one of teh two properties).

In that case, they have issued on the wrong track and incorrect fee. They will have to amend and pay the correct fee (which for a £100K claim will be thousand!), or the counter claim will be struck out.

Either way, it is their problem, not yours.

Customer: replied 7 months ago.
Well. the CCMC is passed and it is on multi track. i got a CCMC budget of £50 000 against me so it is my problem now (teh judge and the defendant solicitor might be friends!). Shoudl I do a N244 to oppose teh track or a appeal with a N161 or a N244 to set aside with a appeasl letter on if it does not work

OK, so Directions and Case Management have already been disposed of by the Court. You are out of time to appeal the Case Management Order under the N244 Application Procedure and in view of the judge's comments and the Order following the CCMCC in November, any application has poor prospects of success.

It appears that you have been ordered to pay the Defendant's costs of just under £1,000 for an application that was without merit.

The costs budget of £50K is an indication of Defendant's costs if the Claim goes all the way to trial and they win and is the most that you will be liable to pay.

This is now a significant claim against your business and could potentially bankrupt your company if you lost. You need proper legal advice from a solicitor. I am happy to act for you under the guise of my main virtual law firm and will offer a Premium Service Phone Call so I may pass you my contact details and give you an indication of my fees.

Ed Turner and 2 other Property Law Specialists are ready to help you
Customer: replied 7 months ago.
I have been adviced to appeal. I have made a part discontinuity for one of teh two premise in question which remove 90% of teh matter as now the defendant got only one premise and never made any claim or request for any issue (got the property only in March 2019 and the defendant stopped business between 2014 a,nd 2016.
Customer: replied 7 months ago.
My tel is 07847 333 603 Regards
Customer: replied 7 months ago.
As teh fact taht I did not that it was PArt 8, I can maybe base an appeal on the fact taht the matter is reduced. The defendant agreed that he can't claim a repudiary breach if I accept taht his lease finished before I bought teh property.
Customer: replied 7 months ago.
I have done my expert report and answer top the counter claim

OK great, I will call you now.

I have just called your number and left a voicemail message.

Hi Laurent

Further to our telephone conversation earlier today, please provide me with an email address and I will send you my firm's "onboarding" email and new client form.

Kind regards

Ed