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Strike Out Applications CPR and Guidance?

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  • Strike Out Applications CPR and Guidance?

    As a litigant IAG on court matters is non existence and the courts stock response of seeking advice via the CAB has to be the biggest joke ever lol. I have put in a strike out claim as a litigant but there is no guidance as to how I have to produce evidence to go into court other than a cursory response to submit any further evidence to an email for that future hearing? Possibly any responses here will help all concerned to traverse a legal system that is in breach of Article 6 generally on allowing its UK citizens a fair hearing?

    My questions to the forum are?

    Do we have to copy the strike out application in its entirety to the other side for it to be heard in the subsequent hearing?
    Do I also have to make a further copy to be placed on the court record for the aforementioned future hearing irrespective of already submitting a file to the courts with my application?

    So the whole process of putting in a strike out application paying the fees and completing the N244 is only one part of the process. If successful I am presuming that the second part of the process is to then copy everything again to the Judge in the hearing specifically then the other side for their review prior to the court hearing. You would think that the CPR would at least afford some basic advice on these matters rather than making it so erroneous for litigants to traverse? Maybe a class action under Article 6 from all litigants caught up in the UK legal system might persuade the courts to offer more IAG in-regards to their services in future?

    Tags: None

  • #2
    Q1. Yes

    Q2. This should not be necessary, but court offices have been known to lose or misfile these things.

    CPR Part 23 contains general rules on applications.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you Sir, in the final hearing my evidence with applications was more or less dismissed anyway and failed. In hindsight it should have been more focused and succinct making more accurate responses given that we only had 2 hours allocated. I did seek legal advice and got some good notes from a solicitor on the CPR which I used but generally wasted a lot of time in the past on including evidence that was I think not even looked at or considered.

      Comment


      • #4
        Originally posted by CPR88 View Post
        Thank you Sir, in the final hearing my evidence with applications was more or less dismissed anyway and failed. In hindsight it should have been more focused and succinct making more accurate responses given that we only had 2 hours allocated. I did seek legal advice and got some good notes from a solicitor on the CPR which I used but generally wasted a lot of time in the past on including evidence that was I think not even looked at or considered.
        Sadly this is where most fall over. Being a litigant in person can lead to a good result but it depends on your skill as an advocate, and your understanding of the rules.

        A case is only as good as the weakest link in the chain, you can have the best written case in the world but lose because you dont have the evidence you need or understand the case fully.

        I work for Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .

        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


        • #5
          Thanks I will email you

          Comment

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