Maxing Out the Counterclaim - Call to action!!!

safarmuk

I think a "drop hands" offer (pertinent to saving the defendants and courts time and costs) outlining very clearly why the claim has no prospect of success AND stating categorically why would be a very good case for unreasonable behaviour especially if in the hearing itself those points were exactly what the DJ ruled in favour of the defendant on.

I think we should encourage all users of this site to send in such a "drop hands" offer going forward (where the case is very strong such as claxtome's).

The_Deep

think we should encourage all users of this site to send in such a "drop hands" offer


I don't. I think that we should take every opportunity we can to stiff them for as much money as we can.


Sending them an LBA costs pence, their having to deal with it costs £££.

Computersaysno

I've had a few run ins and the best thing to do is to immedaitekly slap in a counterclaim...that way they simply can't drop it, or if they do, you can still go to court and make a profit on the counterclaim

Computersaysno

Loadsofchildren123 wrote: »

1. Failure to comply with the pre-action obligations:
I've already done full arguments on this, quoting the case law, which many litigants have used.

Are you happy to share ?? Where can we get a copy of this??

beamerguy

Computersaysno wrote: »

I've had a few run ins and the best thing to do is to immedaitekly slap in a counterclaim...that way they simply can't drop it, or if they do, you can still go to court and make a profit on the counterclaim

In theory but what would you counterclaim that a judge
would accept ?

safarmuk

think we should encourage all users of this site to send in such a "drop hands" offer

I don't. I think that we should take every opportunity we can to stiff them for as much money as we can.

Sending them an LBA costs pence, their having to deal with it costs £££.

But ... we suspect that they don't read the letters sent to them in response to the LBCs, so the claim will continue regardless. So, when it does and the defendant wins this "drop hands" offer can be shown in court to support unreasonableness.

Loadsofchildren123

https://www.dropbox.com/preview/COSTS%20APPLICATION%20updated.docx?role=personal


Costs arguments with case law on pre-action obligations.


Note that this pre-dates the new Protocol so the bit on breaches may require amending, but the case law bits are still OK, and the sanctions paras of the old Practice Direction STILL apply - the Protocol specifically states this.

Computersaysno

Struggling to get that link to work/open....

Loadsofchildren123

still not working? it works if I click on it.


Here it is again
https://www.dropbox.com/s/4cn1tbjiim1ycsl/COSTS%20APPLICATION%20updated.docx?dl=0


I copied the link in a different way so it might work better this time

Computersaysno

Loadsofchildren123 wrote: »

still not working? it works if I click on it.


Here it is again
https://www.dropbox.com/s/4cn1tbjiim1ycsl/COSTS%20APPLICATION%20updated.docx?dl=0


I copied the link in a different way so it might work better this time

Worked a treat!!! Thanks