Received POC from BWLegal on behalf of UK CPM Ltd

[Barbudaprince]

Thanks much. What wording should I use to tell ask the court to consider the related live proceedings and whether this second claim should be stayed, listed with or after the existing claim, or otherwise case-managed to avoid duplicated proceedings and inconsistent findings.

[b789]

You want it to be neutral and invite case management rather than tell the court what to do. Something like this works well:

The Defendant respectfully draws the Court's attention to related live proceedings between the same parties arising from the same location and substantially the same factual and legal issues. The Defendant invites the Court to consider whether this claim should be stayed, consolidated, listed together with, or listed after the existing proceedings, or otherwise case-managed as the Court considers appropriate, to avoid duplicated proceedings, inconsistent findings, unnecessary costs, and potential abuse through the fragmentation of claims.

That leaves all case management options open to the judge while subtly signalling the Henderson v Henderson/cause of action estoppel issue without over-arguing it on the DQ.

[Barbudaprince]

Thanks very much. Done just added that text into the email.

[Barbudaprince]

I have my mediation appointment later, should I stick to the following gathered from another case:

"Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.”

After the mediator calls back...

If identified and authority confirmed:

“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”

If no/unclear authority:

“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”

[b789]

Yes. It will be over in a few minutes.

If they ask you about your defence, just tell the mediator that the claimant has a copy of it and you do not accept any liability, hence the offer of £0.

[Barbudaprince]

Hi yes, was a waste of time. Rosana the mediator called.

They said they're pursuing keeper liability 
Said the timestamp for the vehicle was irrelevant as they were pursuing for not displaying a valid permit.
Offered £199.

Rosanna asked me my position, I asked her to confirm the claimant's representative details as guided above. She said they didn't have to identify themselves, I said doesn't matter please ask them. They didn't identify themselves but did say they had written authority from claimant. I told them liability is denied and my offer is £0 as guided. They then offered £150 which I declined.

She said she would Mark the case not settled and that's the court would be in contact with a hearing date.