From: Downer, Geoff R
[geoff.downer@hmcts.gsi.gov.uk]
Sent: 10 December 2015
14:58
To: 'davidguyan@mr-carpet.co.uk'
Subject:
mediation
David
Mediation In Confidence
Mr Teasdale has reconsidered.
This is what I believe is being proposed.
I'll call again in a few minutes.
- The defendant agrees to pay to the claimant
the sum of £150.00 (the settlement sum) in full and final settlement of the
claim to be paid on or before 24th December
2016.
- Upon receipt of the above payment the claimant
undertakes to attend at the defendant’s property to re-tighten the master
bedroom carpet on a date and at a time of mutual convenience to the parties on
or before 8th January 2016.
- The court will stay the case
(i.e. the court will take no further steps in relation to the case) and the
claim, defence and any counterclaim will be struck out without further order
of the court (meaning that the case will no longer be treated as active) if
the court has not heard from either party by 10th March 2015.
- The parties will keep the
information contained in this agreement confidential and not use it for any
other purposes. Other than a final written agreement, any information –
whether written in a document prepared for mediation or written or spoken
during the mediation – can only be used for the purpose of mediation and
cannot be referred to in any court action unless the parties agree. The
parties agree that they will not call the mediator to give evidence in any
court action.
- In the event of any default
by either party, the other party shall be entitled to apply to the
court:
- for judgment, without any
further court hearing, for the unpaid balance of the settlement sum; or
- for the claim to be restored
for hearing for the full amount claimed.
- This agreement is in full and
final settlement of both parties' claims, including any claim for costs, court
fees, expenses or interest.
Geoff
Downer
HMCTS Small Claims
Mediator
Tel: 01227
819316
P Please consider the environment before
printing this email
This e-mail (and any attachment) is intended only for the attention of
the
addressee(s). Its unauthorised use, disclosure, storage or copying
is not
permitted. If you are not the intended recipient, please destroy all
copies
and inform the sender by return e-mail.
Internet e-mail is not a secure medium. Any reply to this message
could be
intercepted and read by someone else. Please bear that in
mind when deciding
whether to send material in response to this message
by e-mail.
This e-mail (whether you are the sender or the recipient) may
be
monitored, recorded and retained by the Ministry of Justice.
E-mail
monitoring / blocking software may be used, and e-mail content may
be
read at any time. You have a responsibility to ensure laws are
not
broken when composing or forwarding e-mails and their contents.
The original of this email was scanned for viruses by the Government
Secure Intranet virus scanning service supplied by Vodafone in partnership with
Symantec. (CCTM Certificate Number 2009/09/0052.) This email has been certified
virus free.
Communications via the GSi may be automatically logged, monitored
and/or recorded for legal purposes.