Direction hearing

[s2bounce]

I've been summoned to court for a direction hearing relating to the party wall award appeal.

My legal expenses insurer have pulled funding due to wrongly advising of cover.

I have approached several solicitors and all have said to short notice to take on the case (hearing in a few weeks)

The neighbour is appealing the award saying the party wall surveyors should not have based the award on one quote only and believe as I submitted the quote it may be fraudulent which it is not as the job was posted online job site.

Can I at the direction hearing request the judge to dismiss the case and provide my reasons why.

I have had a quote for £5,00 for a barrister to attend the direction hearing only but from my understanding the direction hearing is a timetable set by the judge advising us what information is to be supplied.

Any advise or help would be appreciated as I can only find info based on family direction hearings.

[KungFuPanda]

Have a look on here for pro forma standard directions.

https://www.justice.gov.uk/courts/procedure-rules/...

[KungFuPanda]

Is it a small claim or Fast Track? How much is in question? Has it been allocated?

[s2bounce]

Just under £20k, this is the first direction hearing listed.

[s2bounce]

Its a party wall award appeal at the county court

[KungFuPanda]

If you want to apply to strike out, use N244 and ask for it to be heard at the same time as the directions hearing. The application fee will be £255.

If the Judge doesn’t kick it out, he’ll still use the hearing to agree directions.

Are the other side represented? If so, see if they will do the donkey work and prepare some directions that could be mutually agreed prior to the hearing.

[s2bounce]

Thanks for the advice.
I have received their skeleton argument and they raise a few points concerning the behaviour of the surveyor's which would be for the surveyor's to respond to however they have brought up an issue suggesting that i have provided fraudulent quotations for damage caused prior to party wall notices being served but provide no evidence.

The quote I provided the party wall surveyors is a genuine one just like the quotes supplied for damage whicj falls outside the party wall act.

Can they bring up documents marked without prejudice not relating to the party wall award appeal?.

If i complete the strike out form do i pay for it on the day of the hearing.

If the strike out is rejected by the judge, what sort of things do i need to be careful of when agreeing to the directions.

[anonymous-user]

The solicitors you have spoken to must all be useless, or perhaps just do not want your case, as any half decent solicitor could be ready for a directions hearing on a small case in a short time.

Your barrister fee quotation has gone from 5,500 to 5.00. Perhaps you meant 500.

[s2bounce]

I wish it was £500, the solicitors i have spoken to over 10 different solicitor firms and all said they can't review it in time and require counsel and barrister to prepare for the direction hearing. If you can recommend any reasonably priced Solicitor's in Birmingham i would appreciate it.

[anonymous-user]

In general, you can have a good lawyer or you can have a cheap lawyer, and you have to pick one of those two. Cheap lawyers often turn out to be more expensive than good lawyers.

It is nearly Xmas, people are busy, and your case is probably very far from interesting. Your best bet may be to try a direct access barrister. Contact the clerks at 4-5 Gray's In Square, which has an annex in Birmingham.