what are the contents of CPR 16.4?
difference between aggravated and exemplary damages? and grounds for claiming them.
what is the meaning of the following statements,
" particulars of claim to be verified by a statement of truth"
seeking interest under an enactment and if so which
Okay, taking each point:
1. CPR 16.4 can be accessed at the MOJ website here: http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part16.htm
2. Statement of Truth, is a bit that goes on the bottom of your pleading in the following format (if you're an individual):
"I, Mr xxxxxxxx, believe that the content of these Particulars of Claim are true." And you sign underneath this and print your name.
3. Interest under an enactment is what I've referred you to above - s.69 CCA 1984 for claims in the County Court.
Whoops - sorry!
Aggravated damages - this is an enhanced award of damages to compensate a claimant where the defendant has somehow profited from his wrongdoing.
Exemplary damages - these are awarded rarely and represent the Court punishing the defendant. They are rarely seen.
The difference essentially is that aggravated are used to compensate a claimant for wrongdoing, and exemplary are used to punish a defendant.
Provisional damages and grounds for claiming them.
such other matters as may be set out in a practice direction.
What is practice direction?
I think we're straying from the original question a little ....
A practice direction accompanies the main rules of court. Again, you can find them on the website I directed you to.
Provisional damages - damages you seek provisionally, without a full hearing, and again, they are only really awarded in personal injury claims.
Sometimes, the practice direction requires you to state certain things in certain types of claim. You can look through these on the site I directed you to under Rule 16.
ASGAR ALI RAVJANI
- and -
EPSOM BUILDERS LTD
I , Asgar Ali Ravjani of Astrad Building Services at Atlas Business Centre , Oxgate Lane, Staples Corner London NW2 7HJ do sincerely XXX XXXXXXXX declare as below:
Dated 18th October 2004 XXXX XXXXXX of Epsom Builders Ltd agreed verbally with Asgar Ali Ravjani of Astrad Building Services the figure of £21,000 for the said work and later confirmed in Final Accounts Regarding 64-66 Carlton Avenue and as shown in Exhibit 12, Page 4, Additional Works.
Dated 28th October 2004, quotation was given for radiator covers and Paul Berry of Epsom Builders Ltd replied with a fax agreement message on 29th October 2004 at 12.10 pm.
Dated 29th October 2004, quotation was sent for written confirmation of additional works as detailed in the quotation. Paul Berry from Epsom Builders Ltd replied on 29th October 2004 at 5.15 and agreed to the points mentioned in this fax.
Dated 11th November 2004, further agreement for additional work was done by Paul Berry of Epsom Builders Ltd quotation was done was signed and faxed back.
Further additional work was agreed verbally and we were asked to push the job.
. a . The Defendant claimed that, the client, Care Management Group (CMG) has not paid him and that the Defendant will pay the Claimant when he will receive the money. CMG confirmed that all the payments have been made to Epsom Builders Ltd.
Confronted with that fact the Defendant confirmed that they will pay to the Claimant only £40,000.00 even though the final statement was in a region of £65,000.00.
.b. The Defendant claimed that CMG charged them late completion fees, however, again CMG has confirmed that there were no late completion charges. When confronted the Epsom Builders Ltd confirmed that in fact there was no late completion charges.
.c. Paul Berry confirmed verbally as well that once the work is finished it is a common practice not to pay in full to the subcontractors until they enforce it.
. d. During last conversation with XXXX XXXXXX at the end of 2010 he stated that he did not owe Astrad Building Services any money at all. When confronted with the fact that we do have a fax from his office to confirm that he does owe Astrad money he said: ,, yes he does owe us money , however he does not have any money to pay us at present,, Therefore I informed XXXX XXXXXX that we will take a legal actions as we have waited long enough for the payment.
Additional works for the refurbishment of the existing care home was agreed on 7th July 2004 as shown in Exhibit 7. Paragraph 2 of Exhibit 7 states that the start date has altered to the 28th June 2004 and the completion date to the 8th October 2004
However, the actual work order No.1470/MW/Kent by Epsom Builders Ltd was not signed until 29th July 2004 as shown in Exhibit 8 therefore altering the start date to 29th July 2004 and the completion date to the 10th November 2004. Harrow Council issued the actual Completion Certificate, for the Completion Date of 9th November 2004. Furthermore the Council rejected the Structural Calculations and the Plans provided by Epsom Builders Ltd subsequently our Consultant Mel - Pindi Constructional Services provided Structural Calculations and Plans, which were approved by the Council as, confirmed by the Harrow Council letter from Building Control dated 16th December 2004 - as shown in Exhibit 9 moreover the work order was excluding all sanitary ware and Epsom Builders Ltd were supposed to provide it , but they failed to do deliveries on time as shown in 19th October 2004 letter from the Claimant awaiting delivery. (Exhibit 10)
Regardless of the circumstances the work was finished and Gas Certificate (CORGI), Electrical (N. I. C. E. I.) Certificate, Fire Alarm Certificate and Completion Certificate from Harrow Council was handed over to the Defendant (Exhibit 11).
As shown in Exhibit 6, contract notes no 18 it was agreed that no retention would be held back to this contract and final payment will be made 10 days from receipt of all Certificates. Instead we received a fax message dated 11th January 2005 at 4.55 pm for the Final Account regarding 64 - XX XXXXXXX XXXXXX (Exhibit no. 12) on page 2 of the said exhibit additional works payment was £31,605.00 where as agreed figure verbally and by fax messages was in fact £64,796.06. We where astonished to see those figures by Epsom Builders Ltd and we have had a dispute since that fax message.
We are still waiting for these payments to be made by Epsom Builders Ltd.
We humbly request the court to order the Defendant to discharge the outstanding amount together with interest and all legal expenses and compensation for overdrafts occurred by none payment, due to the fact that we had to pay suppliers, builders and office staff as promised when the work was completed
Dated this day of 20. .
Dan, will somebody get in touch with me or how do we move forward?
I dont agree with that, the original question is not answered
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