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Statutory Right

Statutory Right

Postby against-big-guns » Tue Jan 02, 2018 6:37 pm

When all parties to a claim - small claim directions questionnaire - agree to mediatiion do they acquire statutory right to the mediation.

What does one do with an admission in writing by CCMCC that the questionnaires were logged as per CPR 26.4A but a clerk somehow did not then actually put it on a form for the mediation service, with the result that the claim did not get mediation or the required allocation in CPR 26.5.2A. End result an unallocated case sent to hearing centre and large costs bill for one party. What excuse can the court have for not remedying the situation
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Re: Statutory Right

Postby atticus » Tue Jan 02, 2018 6:53 pm

What excuses can the parties have for not following up and making mediation happen, or for not otherwise attempting to settle?
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Re: Statutory Right

Postby against-big-guns » Tue Jan 02, 2018 6:55 pm

Not really an answer. Do the parties acquire a statutory right ?
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Re: Statutory Right

Postby atticus » Tue Jan 02, 2018 7:06 pm

No.

So why did the disappointed party think it could just wait and then blame someone else?

Is this the case you have been going on about for a year and a half?
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Re: Statutory Right

Postby against-big-guns » Tue Jan 02, 2018 7:19 pm

Interesting.

CPR says the court must do something and it does not. what use courts !!!
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