Litigation 101

Well here on planet legal it's all happening.

There are definate trends and waves in the sorts of proceedings before the courts. To put things in perspective before we start, the sort of work I do - business and property disputes - is a minority interest. Over 60% of the work of the county court is family proceedings - divorce and children actions. When economic times are bad divorce courts are extra busy. I don't do that sort of work as it gives me hives but when the courts are full of family work (which gets priority) it means that my clients wait longer for cases to be heard.

Anyway on the menu today we have;

Bankruptcy - only available to a creditor where the debt which is owed is undisputed. So we have a debtor trying to manufacture a dispute in order to avoid a petition and it's my job to put together the evidence to show that his so called "dispute" is merely fanciful and has no basis in either fact or law ( and yes I am planning to use that in my submissions, I think it's aposite!)

Application to set aside Default Judgement - if you ignore a court claim form your opponent gets judgement by default and the baliffs still appear at your door regardless of how the judgement was obtained (so sticking your head in the sand is not an option). In this case though the proceedings were served at some seemingly random address which has no connection with the debtor company - so we're asking to court to set it aside, strike out the action and give us costs. Which won't please the PLC on the other side will it?

Claim for Unpaid invoices - about £130k's worth. At the moment if your opponent can pay it's worth having a judgement debt as the interest rate is 8% pa which is more than you will get anywhere else.

I need to get the desk clear by end of the day tomorrow as I'm off to the Cheltenham Festival on Thursday - hurrah a day off! Can't wait.