Need help with CCJ Set Aside and issues relating to SAR

Jeff_Goldblum

Hi guys, just hoping you can help decipher this email I got from the Claimant’s solicitor.

...We note from your N181 that you agree the matter should be allocated to the Small Claims Track and our client is in agreement.

Please therefore find attached proposed directions which are drafted primarily from the standard form applicable to small claims matters in accordance with CPR PD27 Appendix B.

The differences are that the directions state costs will remain reserved in the matter and that it be stated the Lead Claim be allocated to the Small Claims Track; in order to retain the directions in the order of [REDACTED].

We respectfully request you confirm whether the attached proposed directions are agreed so the same can be filed with the Court when our N181 is filed, or if you would like to propose amendments, please let us know.

BELOW IS THE ATTACHED DIRECTIONS

Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires.

On

District Judge sitting at XXX considered the papers in the case and ordered that:

1. The Lead Claim be allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

2. Costs are reserved.

3. The claim will be heard at [REDACTED] on a date and at a time to be fixed by the Court, at the first available date.

4. From the available papers, it is estimated that the hearing will take one hour. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.

5. The parties are encouraged always to try and settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case of narrow the issues. The court must be informed immediately if the case is settled.

6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

7. The original documents must be brought to the hearing.

8. The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

9. The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).

10. Witness statements must:

a. Start with the name of the case and the claim number;

b. State the full name and address of the witness;

c. Set out the witness’s evidence clearly in numbered paragraphs on numbered pages;

d. End with this paragraph: ‘I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth;

e. Be signed by the witness and dated.

11. If a witness is unable to read the statement in the form produced to the court, the statements must include a certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter is available.

12. The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

13. Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

14. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

I will just note here that I have ALREADY sent them over my Witness statement along with my N181 so my work here is done?

I'd sign this as it seems fairly reasonable APART from point 2 where is says costs are reserved.

Additionally, it states in part 5 that "The parties are encouraged always to try and settle the case by negotiation". What does this look like? Or is it like a previous poster mentioned, the N181 IS me attempting negotiation?

I know this was a long one but I really do appreciate all of your help in assisting me with what my next actions should be.

henrik777

Doesn't make sense. There are no costs for the DQ.

Either they are wrong or they are actually making an application to fix it   

Jeff_Goldblum

Ahh what would you recommend as the next best step then considering the threatening header: "Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires. "

@Johnersh can help being a qualified solicitor and all?

Just need to know what my options are more than anything. I know I can sign it but assuming that would be inadvisable. What else can I do at this point? Only got roughly a week left before the Judge's stated deadline in the original letter.

Coupon-mad

We respectfully request you confirm whether the attached proposed directions are agreed so the same can be filed with the Court when our N181 is filed, or if you would like to propose amendments, please let us know.

So you reply and ask what costs they are thinking of, that they reckon should be reserved, because the only costs so far have been your application for the successful CCJ set aside (did you get them refunded yet, remind us, are you out of pocket)?

Jeff_Goldblum

Ahh yes, well I am out of pocket.

I imagine they're discussing the costs I laid out in my Witness Statement which included the costs for me missing days off work to attend court, a Litigant in Person rate for whats taken up an enormous amount of time over my life over the past several months that I could have been using elsewhere and yes, the costs for application to setting aside the two original cases are included.

If I'm honest, I don't really want to budge on these costs, it's been a major inconvenience for me and they're probably sweating now that they've saw my WS and saw that I was parking perfectly legitimately on a works car park.

I just don't know the "proper" way to respond to this.

Do I send directions back but amended based on CPR PD27 Appendix B?

Or can I just send an email essentially stating that what I want is for all charges to be dropped and for me to be refunded my £510 (I understand that they'd likely decline to this proposal haha).

Coupon-mad

Do I send directions back but amended based on CPR PD27 Appendix B?

Yes, change it to what you want it to say.  But don't use the phrase 'all charges dropped' as that sounds like a criminal offence!

Jeff_Goldblum

Just reading this again it does state on the email "We respectfully request you confirm whether the attached proposed directions are agreed so the same can be filed with the Court when our N181 is filed, or if you would like to propose amendments, please let us know."

Does that not mean I can just reply stating that the order looks fine apart from section 2 as I do not agree to costs to being reserved?

From reading up more on this, it states in PD 44 para.4.2 "The decision about costs is deferred to a later occasion, but if no later order is made the costs will be costs in the case."

From what I understand on this, if costs are reserved then if i were to lose then I would lose the chance to get my costs refunded as any costs to be would be "costs in the case"

Would appreciate any help here as this is all new to me and there isn't anything on Newbies about it as this was unusually put to the Fast Track originally.

Thanks in advance!

Coupon-mad

Just reply and say what we said.  We already knew the 'proposed directions' said that so nothing has changed, you are overthinking it. 

You have no reason to agree to a point saying costs to be reserved.  Don't feel you have to agree to what they are pushing on you.

Johnersh

Presumably Jeff will want it to say the claimant do pay the defendants costs of the application dated x in any event. 

That will entitle Jeff to those costs irrespective of win or loss at the end (albeit that sum to be determined).

I haven't looked back, but that form of wording suggests that one case is in essence a test case for multiple tickets. So long as that is what is intended that's fine too. Progress... 

Jeff_Goldblum

Wonderful Johnersh.

Considering there were two claims that I had to pay 2 N244 applications, would the following suffice?

1. The claimant to pay the defendants costs of the N244 applications dated xx/xx/2020 for the claims [REDACTED] and [REDACTED] in any event.