Pls Help - Court Claim Received / Horizon/Gladstones / Office car park

[Deleted User]

Write it on the AQ and see what happens. Civil Procedure Rule (CPR)1 states that the court should deal with matters justly & at proportionate cost.

The court has wide powers and can consolidate the two at that stage.

Tinman45

Thanks Johnersh - sorry what is AQ ? (Remember most of us are noobs at this)

Le_Kirk

Tinman45 wrote: »

Thanks Johnersh - sorry what is AQ ? (Remember most of us are noobs at this)

I suspect Johnersh meant to type DQ = Directions Questionnaire

Tinman45

Yeh thought the same after pressing the button

Coupon-mad

And repeat the words about wanting the claims consolidated, at EVERY stage, not hidden in your witness statement but in a letter addressed to the Judge at the local court at that stage when you file your WS, evidence ad costs schedule.

Assume anything buried in the wording won't be read, hence why I say add a letter or covering email again and again...at all stages, and eventually the local Judge will notice.

Tinman45

It’s great advice and I will indeed follow it.

In terms of the “legals” of this shall I say it’s abuse of process? Any other legal statute I can quote in the covering letter? I’ll then create a template for myself and keep pushing it

nosferatu1001

Yes, it is an abuse of process and it is a waste of the courts valuable time to schedule two hearings for essentially the same matter.

Tinman45

Hi guys

Email received from Grab-stones today - appreciate your advice on how to respond

—————-
Dear XXX

We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim.

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

Yours sincerely

XXX
Litigation Assistant

———-

Based on noob advice I assume I will need to reject mediation, but appreciate any advice as usuals so I’m doing the next steps correctly

KeithP

Yes reject mediation - as described in Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread.

No need to respond to their DQ. You will have the opportunity to complete your own. See point 8 in the list in post #4 above.

Coupon-mad

Download your own DQ from the court forms available online (N180 is the one you want) and make sure you fill in ALL days when you would not want to or be able to attend court - e.g. you might want to excuse 5th December to 5th January to avoid Xmas stress, saying you are on holiday, which pretty much everyone is around that time and the courts are closed anyway for part of it...).

You will need 2 x DQs if you have two live claims at this same stage. How to fill them in is in the NEWBIES thread in a Court Procedures post by bargepole, where he takes you through every section of the N180.

Include that covering email I told you to add at EVERY stage. I don't expect the courts will act on it just yet but keep alerting them to the consolidation that is needed.