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I issued proceedings against my local authority landlord for breach of a long lease with regard to the failure to adequately redecorate building common parts. I am seeking an order for Specific Performance and damages.
The local authority's Defence does not deny the breach or any of the facts of the claim but seeks to justify it on the basis of the discount price at which the property was bought under the Right to Buy legislation.
I therefore applied for Summary Judgment but my application was dismissed without a hearing, the Order stating that on considering the Defence, the application does not fulfil the CPR 24.2 criteria. I immediately wrote to the Court requesting that the Order be set aside and asking for a hearing of the application. The Court has written back saying that I need to make a fresh application for set aside of the Order paying another fee.
This seems crazy to me. I have already paid a fee of £255 to have the application dismissed with barely an explanation. Surely my right to apply to set aside that order made without a hearing does not come with the necessity to pay a further fee. I have already paid for a hearing in the original £255.
Thoughts? If I make and pay for a fresh application it could again be dismissed out of hand and I would have just wasted another £255. The claim is Small Claims and the damages I seek only £1,000.
The local authority's Defence does not deny the breach or any of the facts of the claim but seeks to justify it on the basis of the discount price at which the property was bought under the Right to Buy legislation.
I therefore applied for Summary Judgment but my application was dismissed without a hearing, the Order stating that on considering the Defence, the application does not fulfil the CPR 24.2 criteria. I immediately wrote to the Court requesting that the Order be set aside and asking for a hearing of the application. The Court has written back saying that I need to make a fresh application for set aside of the Order paying another fee.
This seems crazy to me. I have already paid a fee of £255 to have the application dismissed with barely an explanation. Surely my right to apply to set aside that order made without a hearing does not come with the necessity to pay a further fee. I have already paid for a hearing in the original £255.
Thoughts? If I make and pay for a fresh application it could again be dismissed out of hand and I would have just wasted another £255. The claim is Small Claims and the damages I seek only £1,000.
