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Can I ask for Summary Judgment?

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  • Can I ask for Summary Judgment?

    I have a very strong case against a company.

    I took them on last year using MCOL. They got that matter thrown out by the County Court that the case was assigned to. I did not apply to have it reinstated as the claim was only for 150. Even though they had clearly lied about why it should be struck out and fooled the Judge.

    Fast forward one year, I have a new claim against this company. It is for 500 and the Particulars of Claim clearly demonstrate it is nothing to do with the claim from last year.

    In their Defence, this company states it is the same claim and asks the Court to strike it out.

    There is no way both claims could be considered the same. In any case I have clarified this with the company, for the avoidance of doubt, and for the last two weeks asked them for proof they have notified the CCBC that their Defence needs to be amended accordingly so they are not misinforming the Court when petitioning to strike out my case.

    They have opened eleven emails over two weeks, multiple times (I received 123 read receipts) yet completely ignored every email.

    Can I ask for summary judgment? I am confident in the strength of my case, as they have lied repeatedly and I have definitive proof of those lies after last year, having recorded all calls. They are just a very scummy company.

    Can I ask for them to be held responsible for this grave contravention of the CPR, and their Defence struck out, and summary judgement in my favour?


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  • #2
    If they have filed a defence you can apply to strike out the defence and have summary judgement pursuant to CPR 24.2(ii) at a cost of 255. It should be filed on form N244 and three copies sent to the court to allow service on all parties.

    You can ask for costs of the application, court fees and interest at 8% to be added, but you won't be granted any sort of damages for their failure to comply with the civil procedure rules.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Thank you jaguarsuk

      Do you know if this contravention and ignorance / refusal to notify Court of their lies qualifies as grounds to dismiss the Defence?

      Comment


      • #4
        Originally posted by HarryJackson View Post
        Thank you jaguarsuk

        Do you know if this contravention and ignorance / refusal to notify Court of their lies qualifies as grounds to dismiss the Defence?
        No it does not, but if their defence is not truthful and they have admitted as much in writing, then the defence can't possibly succeed and consequently they can't possibly successfully defend the claim. That is the reason for summary judgement, hence CPR 24.2 (ii) being the legal argument.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment

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