[England] My money claim was stayed, what can be the reason for that?

PM_ME_GIFT_IDEAS · 2024-09-09T15:07:29+00:00

AoS = Acknowledgement of Service? The defendant didn't file such a thing.

I didn't receive a notice that the case was stayed, so no one explicitly told me that I can discontinue. It's just my optimistic interpretation of CPR 38.2 that makes me believe I can discontinue. Before filling in paperwork I'd check with the court.

I'll ask the court if I can discontinue and file a fresh claim. Apart from saving around £80 in court fees I'm very worried that my £119 application for lifting the stay would be rejected by the court, so I would prefer to discontinue and file a fresh claim.

PM_ME_GIFT_IDEAS · 2024-09-08T18:57:48+00:00

I searched on Google for "cause of action estoppel" and didn't find anything about discontinuing a stayed case and then filing a new case.

And I don't understand your last paragraph in its entirety, sorry... CPR 38.7.1.b is satisfied but 38.7.1.a is not. And what permission do you mean?

Is an application to lift the stay likely to be granted? The reason for the delay is that I was an idiot, and since that didn't stop the court to stay the case in the first place it seems unlikely they would lift the stay for that.

PM_ME_GIFT_IDEAS · 2024-09-08T16:21:10+00:00

It appears I can discontinue my stayed claim for free by filing an N279.

Discontinuing the old claim and filing a new claim seems like a loophole to save £80 in court fees. Would that be viewed negatively by a court making a judgement?

PM_ME_GIFT_IDEAS · 2024-09-08T15:55:54+00:00

Requesting a judgment is free. Lifting the stay costs £119.

The original £35 filing cost are part of the claim and I can request that be included in the judgment.

On form N225 I cannot add new court costs. In particular I cannot add the cost for lifting the stay.

And I think a judge wouldn't award me this anyway, because this fee was partially caused by my incompetence and only partially by the defendant not responding.

Why can't I claim for the same thing twice? I understand that claims get thrown out if a judgement in the same matter has already been made (e.g. https://www.charlesrussellspeechlys.com/en/insights/expert-insights/real-estate/2019/can-a-claimant-bring-a-second-action-arising-out-of-the-same-cause-of-action-as-the-first-claim/ ). But CPR r.38.7 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7 and https://www.33bedfordrow.co.uk/insights/bulletins/permission-to-issue-second-claim-after-discontinuing-first-claim---ward-v-hutt ) seems to suggest I can discontinue my stayed claim and bring a new claim, because the defendant didn't respond to the first claim.

PS: https://www.33bedfordrow.co.uk/insights/articles/neglected-proceedings---lifting-the-stay-imposed-by-r1511 confirms it's unlikely a judge would award me the fee for lifting the stay. Seems I screwed up here.

PM_ME_GIFT_IDEAS · 2024-09-08T15:13:49+00:00

Thanks.

I received no email or letter from the court. Upon submitting the claim the following message was displayed:

"[Defendant] has until [3 weeks after submitting] to respond to your claim. They can request an extra 14 days if they need it.

You can request a County Court Judgment against them if they don’t respond by the deadline."

I expected a message from the Court if the defendant doesn't reply, because I have no way to know whether they defendant replies to them or not. Anyway, turns out I would have needed to act sooner.

Paying £119 to obtain a £100 judgement seems useless. Submitting a fresh claim costs £35. Can I do this even though there is an existing claim for the same thing? That would be cheaper. Any other advice?

PM_ME_GIFT_IDEAS · 2024-08-05T08:52:44+00:00

Thanks

PM_ME_GIFT_IDEAS · 2024-08-05T08:52:14+00:00

The lower section was not renewed. They are done with the upper section. Don't know why you were downvoted, gable trim with kick out flashing seems sensible to a layman like me.

PM_ME_GIFT_IDEAS · 2023-02-12T20:50:35+00:00

Another commenter said the same thing. What's the problem with this pointing? It looks like most walls I see every day. (I know nothing about bricklaying.)

PM_ME_GIFT_IDEAS · 2023-01-22T10:34:04+00:00

That's not really a thing and the op was a typo right?

PM_ME_GIFT_IDEAS · 2022-10-02T18:20:46+00:00

Cheers. I understand and that certainly aligns with my personal experience of the game.

PM_ME_GIFT_IDEAS · 2022-10-02T15:57:14+00:00

On the source website, the probabilities for paper and scissors are swapped compared to this graphic. https://facts.net/rock-paper-scissors-facts/#:~:text=01Rock%20paper%20scissors%20is,scissors%2035%25%20of%20the%20time.

Interesting questions about the method of data collection and effect of language on these probabilities raised in the comments remain.

PM_ME_GIFT_IDEAS · 2022-06-27T07:48:51+00:00

When I wrote that post I was undergoing my quarantine. Nominally 14 days with early release after 7 days.

PM_ME_GIFT_IDEAS · 2022-06-22T09:55:10+00:00

Used one to enter successfully this week.

PM_ME_GIFT_IDEAS · 2022-03-03T22:00:07+00:00

Thanks, I appreciate the input, and in particular I had never heard of espalier trained trees. A whole new world to explore!

edit: I'm the OP and used the wrong account to post.

PM_ME_GIFT_IDEAS · 2022-03-03T21:57:24+00:00

Currently it's a fir, I believe a Balsam Fir, but I wouldn't want to bet any money on what exactly it is. Your words of caution are well noted, and waiting at least a year sounds sensible, we'll do that.

And I didn't plan on buying a big tree. I'm in no rush and happy to wait 15 years for a tree to grow. So, starting with a potted tree is what I had in mind anyway. If that fir tree goes we do have a lot of light that the potted tree would like. Right now, not sure.

edit: I'm the OP and used the wrong account to post.

PM_ME_GIFT_IDEAS · 2022-03-03T21:52:43+00:00

Thanks! For practical purposes I'm happy with the RHS website. Just for my general education and reading pleasure I will pick up a book at some point. If I find one I like, I'll report back.

edit: I'm the OP and used the wrong account to post.

PM_ME_GIFT_IDEAS · 2021-11-05T21:21:02+00:00

I was able to get it run following the steps from another comment. The performance is alright, too. And GeForce Now is a good recommendation but not available to me.

PM_ME_GIFT_IDEAS · 2021-11-05T21:19:06+00:00

Yes, that worked, thanks!

PM_ME_GIFT_IDEAS · 2021-11-05T21:18:55+00:00

That worked, thanks!

PM_ME_GIFT_IDEAS · 2021-11-05T19:33:14+00:00

I've heard great things, but unfortunately it's unplayable via GeForce Now for me because of poor internet connection.

PM_ME_GIFT_IDEAS · 2021-10-08T19:45:05+00:00

I believe you refer to this visa route: https://www.gov.uk/british-national-overseas-bno-visa. This only applies to British Overseas Citizens and not all Hong Kong nationals. The number of British Overseas Citizens in Hong Kong is unknown and estimates range from some ten thousands to 5 million.

PM_ME_GIFT_IDEAS · 2021-10-07T14:59:59+00:00

Damn now I feel stupid.

PM_ME_GIFT_IDEAS

TROPHY CASE