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Small Claims Court application to strike out

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  • Small Claims Court application to strike out

    Hi,

    I issued proceedings against an ex-friend, in respect of an invoice for services, who refused to pay it, and denied there was ever an arrangement to pay. It's for Internet hosting fees, for a site that lived on my servers for six years, and which he has charged onwards, to his own client. He also hacked the servers and stole a database that I was demanding an admin/release fee for. The database theft left an audit trail, so cannot be denied.

    Since we used to be friends, there's no written agreement. However, based on the principles of quantum meruit, I'm claiming that he is trying to unjustly enrich himself at my expense and, in the case of the database theft, he's a criminal (Computer Misuse Act 1990 section1), and thus his side of the story cannot be believed.

    He hired a solicitor, and they've applied to have the case struck out.

    I was under the impression that the Small Claims Court was an arena in which one could talk in lay terms, and not need to be any kind of expert in tort law, thus:

    "I cleaned Mrs. Jones's windows, and she's now refusing to pay me. I sent her a letter before action, and I now ask the court to consider my case."

    As such, surely an application to strike out is misconceived in the context of the Small Claims Court?

    The solicitor appears to be asking for a mini-trial, in which they can triumph via procedure over merit. They've also refused to acknowledge my request for disclosure of pertinent documents, and so I've applied for a compelling order (via an N244 application), and for the strike out hearing to be stayed pending them fulfilling their legal obligations to disclose documents to me via a request I made under CPR 31.

    Their application has been sent for listing (no date yet). Since my application follows their application to strike out, I'm having difficulties finding out how to impress upon the court staff that my application MUST be heard first, as I intend to submit a reply to the defence and resist their application to strike out, and the requested documentation is a pre-requisite for me to do both those things.

    That they are abusing the court process is obvious. They've totally ignored my disclosure request, on a childlike "What are you going to do about it?" basis, and are trying to get their strike out hearing to go ahead prior to my application for compelled disclosure. The disclosure I've requested bolsters my case, and so obviously that's why they are resisting my request.

    I've done a fair bit of Googling, but can't seem to find exact answers to my questions which, to re-iterate, are:

    Is a strike out application relevant in the context of the SCC?

    Can they simply ignore my request for disclosure, and hope the court schedules their hearing prior to my application for compelled disclosure going ahead?

    If the court staff cannot see common sense, and schedule my application hearing before their requested hearing to strike my case out, can I show up for the strike out hearing, show the judge that I've applied for compelled disclosure, and ask for the matter to be stayed until they comply with CPR31? My application is pending, but stuck in the absurd office system.

    Any pointers, even to relevant online resources on this exact subject, would be very much appreciated.

    Max


    Tags: None

  • #2
    Originally posted by Maxwatts View Post
    Hi,

    I issued proceedings against an ex-friend, in respect of an invoice for services, who refused to pay it, and denied there was ever an arrangement to pay. It's for Internet hosting fees, for a site that lived on my servers for six years, and which he has charged onwards, to his own client. He also hacked the servers and stole a database that I was demanding an admin/release fee for. The database theft left an audit trail, so cannot be denied.

    Since we used to be friends, there's no written agreement. However, based on the principles of quantum meruit, I'm claiming that he is trying to unjustly enrich himself at my expense and, in the case of the database theft, he's a criminal (Computer Misuse Act 1990 section1), and thus his side of the story cannot be believed.

    He hired a solicitor, and they've applied to have the case struck out.

    I was under the impression that the Small Claims Court was an arena in which one could talk in lay terms, and not need to be any kind of expert in tort law, thus:

    "I cleaned Mrs. Jones's windows, and she's now refusing to pay me. I sent her a letter before action, and I now ask the court to consider my case."

    As such, surely an application to strike out is misconceived in the context of the Small Claims Court?

    The solicitor appears to be asking for a mini-trial, in which they can triumph via procedure over merit. They've also refused to acknowledge my request for disclosure of pertinent documents, and so I've applied for a compelling order (via an N244 application), and for the strike out hearing to be stayed pending them fulfilling their legal obligations to disclose documents to me via a request I made under CPR 31.

    Their application has been sent for listing (no date yet). Since my application follows their application to strike out, I'm having difficulties finding out how to impress upon the court staff that my application MUST be heard first, as I intend to submit a reply to the defence and resist their application to strike out, and the requested documentation is a pre-requisite for me to do both those things.

    That they are abusing the court process is obvious. They've totally ignored my disclosure request, on a childlike "What are you going to do about it?" basis, and are trying to get their strike out hearing to go ahead prior to my application for compelled disclosure. The disclosure I've requested bolsters my case, and so obviously that's why they are resisting my request.

    I've done a fair bit of Googling, but can't seem to find exact answers to my questions which, to re-iterate, are:

    Is a strike out application relevant in the context of the SCC?

    Can they simply ignore my request for disclosure, and hope the court schedules their hearing prior to my application for compelled disclosure going ahead?

    If the court staff cannot see common sense, and schedule my application hearing before their requested hearing to strike my case out, can I show up for the strike out hearing, show the judge that I've applied for compelled disclosure, and ask for the matter to be stayed until they comply with CPR31? My application is pending, but stuck in the absurd office system.

    Any pointers, even to relevant online resources on this exact subject, would be very much appreciated.

    Max

    Small claims Court is still a Court, the law still applies and applications under part 3 and part 24 can be made im afraid.

    It seems to me you need to deal with the application to strike, if you dont then you could be struck out and could end up with costs being awarded against you under CPR 27.14(2)(g) if the Court concludes you have behaved unreasonably.
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by Maxwatts View Post

      Their application has been sent for listing (no date yet). Since my application follows their application to strike out, I'm having difficulties finding out how to impress upon the court staff that my application MUST be heard first, as I intend to submit a reply to the defence and resist their application to strike out, and the requested documentation is a pre-requisite for me to do both those things.



      Simple,

      Write to the Court manager, and ask that the letter be placed on the Court file setting out that you would like your application dealt with first. There are no guarantees the judge will allow this but its all you can do to ask the question

      Second, on the question of opposing their application you will need to file witness evidence in reply, id draft a draft reply to Defence as you can now, and annex it to the reply . if you dont file evidence in reply to their application you could risk the app being granted as unopposed.
      I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment

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