Small Claims Court Dispute

Summary

In a small claims court dispute in England, ensure you have a clear contract outlining fees and terms. Gather evidence of services and communications. Consider mediation before court. Critique witness statements for clarity, relevance, and support. As a defendant, arguments could include breach of contract, misrepresentation, and negligence. Strengthen your case with evidence and demonstrate the impact of alleged breaches. Consider legal guidance for crafting responses and disputing evidence.

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They have shared the below witness statement. Can you please critique it :
To critique the witness statement effectively, please provide the specific contents of the statement. This way, I can offer guidance on its clarity, relevance, and how well it supports your case.
The Claimant was appointed under a capped fee agreement. The Defendants contend that he failed in his statutory, contractual and common law obligations by: Imposing personal design demands outside his remit. Refusing to issue an Award unless his preferences were met. Failing to take a Schedule of Condition despite having access. Failing to record or mitigate the risks created by this omission. Undertaking unexplained visits, increasing his fee to the maximum cap. These actions breached: The Party Wall etc. Act * duty of impartiality and reasonableness. The RICS Party Wall Guidance Note (*) duty to avoid scope creep and unnecessary fees. Section * Consumer Rights Act * — failure to exercise reasonable care and skill. Section * CRA * — failure to honour appointment letter assurances. Section * CRA * — charging a fee exceeding what was reasonable for the scope.
It seems the witness statement is focused on the alleged breaches by the Claimant. Here are some points to consider when critiquing it:
- Clarity: Ensure each point is clearly articulated and supported with evidence.
- Relevance: Each claim should directly relate to the obligations outlined in the contract and applicable laws.
- Support: Provide documentation or evidence to counter each allegation.
You might also want to review the contract terms and ensure your actions align with industry standards and the agreed scope. Do you need help with drafting a response or gathering evidence?
If I were the defendant, what laws/acts could they argue that I broke? How could they make their argument stronger given that they have evidence for all of the above?
Case Rating: *
As a defendant in this scenario, potential arguments against you could involve:
- Breach of Contract: If the agreement specifies obligations you failed to meet.
- Misrepresentation: If you made assurances that weren't kept.
- Negligence: If your actions didn't meet professional standards.
To strengthen their case, they should:
- Provide clear evidence of each alleged breach.
- Demonstrate how the breaches directly affected their obligations or caused harm.
Would you like guidance on responding to these claims or disputing the evidence?
If you were the defendant, what exactly would you say to make the argument that I breached the contract, engaged in misrepresentation and Negligence?
Case Rating: *
If I were the defendant, I would make the argument based on:
- Breach of Contract: The claimant failed to adhere to the capped fee agreement by imposing design demands beyond the agreed scope.
- Misrepresentation: Assurances given in the appointment letter were not honored, affecting the project's timeline and cost.
- Negligence: The claimant did not conduct a Schedule of Condition despite access, which could lead to unrecorded damages.
To make the argument stronger, I would:
- Present detailed evidence of each breach, including communication records and expert testimony.
- Demonstrate the financial and operational impact of the claimant's actions on my obligations.
Would you like guidance on crafting a response to counter these allegations?