*URGENT* Upcoming Court Mediation

Johnersh

I *love* mediation.  When there are multiple defendants or a defendant knows they'll have to pay quite a lot, just not exactly how much, it really is an important process.

In parking cases the core dispute is over £100.  It's basically "s...t or bust" since even the mid point only takes the parties broadly to the original amount sought and if the defendant wanted to take advantage of that they would have done so. 

If on the other hand the statement has raised an issue that is indefensible or might be, there is scope to go in saying 
1. I may win this, there are x and y issues with your case and your witness is (usually) an employed paralegal who has no actual knowledge of the site or contracts, so inferior to mine. 
2. The bolt ons are not part of the contract and won't be recovered. The interest calculation is therefore also wrong. 
3. A hearing will cost C counsel and D time, so there is a compromise to be done. 
4. Taking account of the fact the actual claim is 100, the correct payment is in relation to their prospect of recovering that - the litigation risk. If you think there are 70% prospects the cash offer to make it go away would be £30 (plus court issue fee) 

As set out in my second para, the sums aren't high enough to make that type of discussion desperately attractive for either party to accept. 

TheOpinionatedBrit

So last question before the hearing. Can I appeal the decision if it doesn’t go in my favour? All of the evidence I’ve provided in my witness statement points to Highview not doing what they should have and the solicitor providing evidence that the basis of a claim can’t be made. so again as mentioned I’d be staggered if I don’t have a strong chance of winning this.

TheOpinionatedBrit

Coupon-mad said:

Is this just a 30 minute Directions hearing waste of time, like mediation only with a rookie Judge telling you that you have no case and asking you to settle, to save listing it for an hour's hearing?

I ask that because you say you only just submitted your WS a week before, which is odd timing if this is the final hearing (usually listed for an hour and WS have to be in earlier).

I think you are describing a 30 minute waste of time interim 'will you settle?' timewaster?  You can tell by the court order about it.

Yes this is a 30 min hearing. I was under the impression that this was the last chance saloon and there wasn’t any other stage after this? 

Jenni_D

No - this is a waste of time stage that has recently been promoted to try and save court time (whereby in fact it's increasing the burden as few such hearings yield an agreement). Your main hearing follows this.

Can you appeal if you lose? Yes, provided that you either a) get leave to appeal from the judge (which you will only know if you ask), or b) can demonstrate that the judge erred in law. There's a fee for an appeal.

TheOpinionatedBrit

Jenni_D said:

No - this is a waste of time stage that has recently been promoted to try and save court time (whereby in fact it's increasing the burden as few such hearings yield an agreement). Your main hearing follows this.

Can you appeal if you lose? Yes, provided that you either a) get leave to appeal from the judge (which you will only know if you ask), or b) can demonstrate that the judge erred in law. There's a fee for an appeal.

Thanks Jenni. I’ll certainly be asking the question with regards to appeal if it doesn’t get thrown out at this stage.

bargepole

If this is a preliminary, or 'dispute resolution' hearing, it is not capable of being appealed. The Judge will most likely give directions for statements and evidence to be filed and served, and a date set for the final hearing.

You can only appeal if the Judgment at the final hearing goes against you.

Jenni_D

For the avoidance of doubt, I was talking about the main hearing ref. appeals, not the DR hearing.  

Coupon-mad

TheOpinionatedBrit said:

Jenni_D said:

No - this is a waste of time stage that has recently been promoted to try and save court time (whereby in fact it's increasing the burden as few such hearings yield an agreement). Your main hearing follows this.

Can you appeal if you lose? Yes, provided that you either a) get leave to appeal from the judge (which you will only know if you ask), or b) can demonstrate that the judge erred in law. There's a fee for an appeal.

Thanks Jenni. I’ll certainly be asking the question with regards to appeal if it doesn’t get thrown out at this stage.

Other threads have discussed 30 min Directions hearings as glorified mediation.

Often run by a disinterested rookie DDJ who has only heard of the Beavis case and their job is to glance at the papers, usually wrongly tell you that you have no case, and ask if YOU will settle.

Cut to the chase: "no, Sir/Madam".

If the hearing starts and seems to be the FINAL hearing (almost unheard of for half an hour) just ask 'is this a Directions hearing, to be followed by a final hearing, please, Sir/Madam as I don't think this can be resolved in half an hour?'

Never be afraid to ask.

TheOpinionatedBrit

So as most of you have mentioned this didn’t get either side anywhere. The solicitor representing the parking firm said that he hadn’t had the chance to speak to the client to see how much they wanted them to claim back which I was flabbergasted at. Tried to claim that there were signs in locations that I had proved with factual evidence there wasn’t and generally didn’t have much of a case. Has been listed to trial (if it goes that far). Judge basically said they would have to prove there were signs in the car park at the time and date from almost 6 years ago. Unless they have time stamped pictures of when they were installed I find it unlikely they will be able to do it. I’m saying 1-0 to me so far.

95Rollers

TheOpinionatedBrit said:

So as most of you have mentioned this didn’t get either side anywhere. The solicitor representing the parking firm said that he hadn’t had the chance to speak to the client to see how much they wanted them to claim back which I was flabbergasted at. Tried to claim that there were signs in locations that I had proved with factual evidence there wasn’t and generally didn’t have much of a case. Has been listed to trial (if it goes that far). Judge basically said they would have to prove there were signs in the car park at the time and date from almost 6 years ago. Unless they have time stamped pictures of when they were installed I find it unlikely they will be able to do it. I’m saying 1-0 to me so far.

One plus side it has wasted their time and money so these goons are already at a loss which is greater than what they'd likely recoup if they were to ever win. 
Plus use this to your advantage - draw reference to the fact that they were trying to mislead this judge regarding signage they had not even seen by trying to blag it was Prominent and BPA compliant when you have hardcore evidence to the contrary!