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Applying for Summary Dismissal and/or Strike Out, & costs, plus damages to be agreed?

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  • Applying for Summary Dismissal and/or Strike Out, & costs, plus damages to be agreed?

    I was an LiP, then had to employ a Solicitor, and sacked him as he had failed to pick up what he should. Am now a very determined LiP.
    Defendant put me to Prove where a Search Application document came from in his Signed Defence Statement late 2017.
    I then wondered why he asked me to prove where it came from, as he issued it. So began investigation.
    Discovered the Document is a Forgery, is definite as obtained proof from OS and Land Registry.
    So I Applied to Court who issued an Order for them to provide a Certificated Copy of the Document from the property search company.
    Defendants have failed to comply with the order.
    This Document proves the Defendants Document came from their own Office and that it is a Forgery.
    The Defendant compiled and submitted this application form themselves to obtain the Searches.
    He tried to get my case thrown out, in 2016, but didn't, though was awarded costs against me.
    Even though he knew the Document was a Forgery and shows he was/is in Contempt of Court. Plus he is an "Officer" of the Court.
    The Document has wrong Extent of property Plan. Is 4 years out of date for required OS year (date),
    and has the OS Paper Licensing Number belonging to a (.Org.uk) Organisation that looks after old properties not Defendants own OS Licence Number.

    1) How to apply for Summary Judgement and/or Strike Out without Rambling on?

    2) Apply for costs as he has committed Contempt of Court when he applied for strike out.
    As I understand normally Summary Judgement applicant is responsible for costs? but he has not told truth since 2006.
    Do I just state the facts briefly as is?

    3) Apply correctly for Change of Statement of Case. All Documents are the same apart from proof of fraud, and no knew Witnesses.
    It is purely because I have discovered the Fraud that amendment is required.
    I have amended in Colour as instructed. Need to check under what Section of CPR 17?

    I just want to ensure I get it as correct as I can. I have lost everything because of this case.
    I understand this information is not "legally" given, just helps me in my research as an LiP, to deal with my claim myself. Thanks in anticipation.

    Can I apply for an "Unless Order" at any point of a case Following Failure to Disclose by Defence?


    Last edited by Rongo; 10th March 2018, 11:28:AM.
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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