"Esure vs me" court date
Comments
-
A winning party will be made liable for costs?? Are you sure about that? Sounds a bit ridiculous.
At the moment, I am suing a property surveyor (well effectively his insurer) for negligence. Our costs are already at £55k the othe side projects double that from their side, though we think that was scare tactics. We have just come through mediation which resulted in no settlement. Be aware that if the other side put a sum of money 'into court', as a proposed settlement that even if you are successful you will be responsible for most if not all costs, from BOTH sides.
If the court thinks you have declined a reasonable offer, be prepared even if you win to be responsible for all costs. Yes it does happen.0 -
There is no precedent set in county court.
The "Judges" in effect make their own decision based on the evidence provided and in effect who they find is the most believable witness.
They do take note of higher courts prededents but tend not to take notice of other county court judgements as they know each cc judge has judged on the case presented before them.
Indeed no precedents are set in county court, but if this is a sure fire earner for the defendants as the OP maintains, then the defendants may decide to take it to a higher court on appeal if they wee to lose. IANAL, but I have read that in higher courts on appeal, it can then become a precedent.0 -
Small claims outcomes do not set precedents ... they can however be persuasive in other small claims hearings.
Rulings at the Court of Appeal or Supreme Court do set precedents and are binding on equal or lower courts.0 -
Mercdriver wrote: »Indeed no precedents are set in county court, but if this is a sure fire earner for the defendants as the OP maintains, then the defendants may decide to take it to a higher court on appeal if they wee to lose. IANAL, but I have read that in higher courts on appeal, it can then become a precedent.
well I found a published figure of 800,000 cars written off each year, the maths looks promising even if they only manage to knock a few quid off each claim.
I have offered several times to reconsider the claim if they will explain to me how they are meeting this law.
They simply won't or can't considering the amount of nasty threats I am currently getting off their solicitor I tend to think it's the latter...0 -
Mercdriver wrote: »At the moment, I am suing a property surveyor (well effectively his insurer) for negligence. Our costs are already at £55k the othe side projects double that from their side, though we think that was scare tactics. We have just come through mediation which resulted in no settlement. Be aware that if the other side put a sum of money 'into court', as a proposed settlement that even if you are successful you will be responsible for most if not all costs, from BOTH sides.
If the court thinks you have declined a reasonable offer, be prepared even if you win to be responsible for all costs. Yes it does happen.
Your comment needs some clarification. If the Defendant makes a Part 36 offer (payments into Court are no longer made) and you fail to better that offer in Court, you are liable for their costs from the date which their offer expires i.e. 28 days after the offer was made.
For example if the Defendant makes a Part 36 offer to settle your claim in the sum of £40k 2 months before trial and you fail to beat that at trial and are awarded £38k, you are liable for their costs from 28 days after their offer was made and up to and including their costs of trial.0 -
straighttalker wrote: »Your comment needs some clarification. If the Defendant makes a Part 36 offer (payments into Court are no longer made) and you fail to better that offer in Court, you are liable for their costs from the date which their offer expires i.e. 28 days after the offer was made.
For example if the Defendant makes a Part 36 offer to settle your claim in the sum of £40k 2 months before trial and you fail to beat that at trial and are awarded £38k, you are liable for their costs from 28 days after their offer was made and up to and including their costs of trial.
wow is it just me or does anyone else consider the CPRs a beast that is getting out of hand..
thought the overriding objective was to place parties on equal footing, the complexity of the CPRs seem to be negating that.
this is relevantly small, claim equates to about £2500 although I am attempting to claim for exemplary damages as well but one of the judges dealing with amendments seems resistant to this and rejected it initially so I am having to ask for that to be varied.0 -
Have a look at Qualified One Way Costs Shifting for PI claims if you think the CPR is getting far too complex!0
-
straighttalker wrote: »Have a look at Qualified One Way Costs Shifting for PI claims if you think the CPR is getting far too complex!
isn't that just a part of the CPRs tho?
cannot believe how screwed up my head was with all this, only just realised that when I got the original order scheduling a date for the hearing I immediately copied it and worked from a copy which the cat knocked some coffee onto.
Now I get out the original and realise the 1st Nov is actually the 4th
0 -
out of curiosity does anyone know if I cash a cheque enclosed with a letter stating "full and final settlement" is that acceptance in full? or can I just send a letter stating accepted as part of settlement?0
-
out of curiosity does anyone know if I cash a cheque enclosed with a letter stating "full and final settlement" is that acceptance in full? or can I just send a letter stating accepted as part of settlement?
IANAL but seems clear to me if they say the sum is for full and final, if you cash it, you've accepted full and final. You would be attempting to have your cake and eat it if you took it and said it was partial.
Perhaps it's the fact it's physical cheque that's confusing you? If they had written and said "if you agree to full and final we'll bank transfer the money" you would either accept that or not. The fact it's a cheque shouldn't make any difference, the cheque was still sent subject to their terms. Accept the cheque, you've accepted their terms.
(Again to reiterate, IANAL)0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards