Court Claim Received from HX & Gladstones

Worzel_

Gladstones rescheduled the mediation call the max number of 2 times and then said no one was available on the day of mediation call. So we proceed to court  

LDast

You should ask the court to consider sanctions against Gladstones, as they have acted unreasonably during the mediation process. In this case, Gladstones rescheduled the mediation call twice (the maximum number of allowed reschedules) and then stated that no one was available on the day of the mediation. This behaviour should be seen as an attempt to avoid the mediation process, which should be considered unreasonable by the court.

The court has the discretion to impose sanctions on a party that fails to attend a scheduled mediation without good reason. The possible sanctions can include:

1. Cost orders: The court may order the claimant or their solicitor to pay part or all of the defendant's costs incurred due to the mediation being frustrated.
2. Striking out the claim: The court could strike out the claim if it determines that the claimants behaviour amounted to non-compliance with the court's procedures.

Given that mediation is now a mandatory part of the process for small claims under £10,000​, the claimant’s solicitor’s failure to participate in good faith can be seen as obstructing the resolution process. You should bring this matter to the court’s attention, requesting the judge to consider the claimant’s unreasonable behaviour and impose appropriate sanctions.

It would be helpful if you can provide evidence of the repeated rescheduling and the final failure to attend, which would strengthen the request for sanctions. Additionally, the court will likely take into account whether this behavior caused unnecessary delays or expenses.

Worzel_

thanks, I guess I will need to wait for the next step to put that forward.

Coupon-mad

Yes but I agree with @LDast - don't forget to raise this at the start of your WS because their conduct wasted your time, the Mediation Service's time and is sanctionable with a costs order at the very least.  This was wholly unreasonable conduct.

Worzel_

I received this letter... not sure how they can misplace a DQ that I sent via email.

They tell me to send to the court on the attached Notice of Transfer but this letter came alone like this and only my address is overleaf.

Have sent my DQ to the standard DQ email and also (
civil.torquayandnewtonabbot.countycourt@justice.gov.uk) which I got from here https://www.find-court-tribunal.service.gov.uk/courts/torquay-and-newton-abbot-county-court-and-family-court

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Nellymoser

You've left personal details showing in that letter

Worzel_

I received another letter, here is the scan: https://drive.google.com/file/d/1d91Nv28043QHT-4rquZPA0xCjUIe8x9O/view?usp=sharing

It seems their POC was not compliant in some way and Gladstones are getting another chance to redo it.

Coupon-mad

Worzel_ said:

I received another letter, here is the scan: https://drive.google.com/file/d/1d91Nv28043QHT-4rquZPA0xCjUIe8x9O/view?usp=sharing

It seems their POC was not compliant in some way and Gladstones are getting another chance to redo it.

Ooh ... in fact the claim currently stands struck out! Another one for @Le_Kirk to please add to the judgments link:

Le_Kirk

Will do!          

Le_Kirk

Now updated on usual link Judgments