Harassment and small claims help

**islandgirl** · 19th January 2023, 23:05:PM

Stalking is a serious crime. Report this to the Police asap

**efpom** · 20th January 2023, 07:25:AM

post up the particulars of claim - redacted

**Just234** · 20th January 2023, 09:51:AM

I’m going to try and get an injunction but have no address
The person who filed the claim was also granted an order by the court that any communication be via email
can I 1. Set aside this order to obtain this persons address to serve documents direct. The order says I have the right to apply within 7 days.
Or 2. serve injunction to his email address given that the court has given permission to do so

**islandgirl** · 20th January 2023, 10:16:AM

I am confused. Injuction about what - not to contact? If you report to Police and there is a case the person will most likely be arrested and bailed with non contact conditions whilst it is investigated. If you post up the claim people here will help you (with names removed). The 2 issues are different - defend the claim AND deal with the stalking

**Just234** · 20th January 2023, 21:10:PM

The claim is long and will take a while to upload here and redact.
But this is attached order is what he has obtained - how did he do this and can I do this? as I am applying to get the case struck out and don’t want any information regarding this sent to him as it will involve details of the ongoing police investigation How do I keep whatever information I send to the judge/court private?

Attached Files

**efpom** · 21st January 2023, 08:07:AM

The Order at 1 entitles the Claimant to withhold his physical address (for service), if the Claimant so chooses. At 2, the court has ruled that the only method of service of documents on the Claimant by the Defendant is to be by email.

I do not see the utility of opposing that Order.

The court will know the Claimant’s physical address and in the event that the Claim fails, and the Defendant gets an Order for costs, or a counter claim succeeds and gets an Order for damages the court will, on application by the Defendant, or of it's own motion quash this Order, so that court Order(s) regarding those can be enforced.
The Defendant has no obligation to inform the Police of the Order, but if he chooses to do so, it would be up to the Police to request the court to furnish it with the Claimant’s physical address.
The Defendant would be well advised to concentrate on defending the claim.

**Just234** · 21st January 2023, 11:07:AM

Ok
I spoke to the court and they said use n244 and request the case be struck out. To strike it out I need to put details of the ongoing police investigation which for obvious reasons needs to be kept from the claimant. How do I do that?

what is the best way to tackle this would
you say?
to use n244 and apply for the strike out - would I still get an option for damages/costs?

**atticus** · 21st January 2023, 11:26:AM

costs maybe. To get damages you would need to bring your own claim or counterclaim.

**efpom** · 21st January 2023, 11:41:AM

If I was in your shoes I would not make an application for strikeout of the claim. My reason for not doing so is because the essence of a strike out is conduct by a claimant that deprives a respondent of a fair trial - it is rarely granted.

Your writing so far indicates that the claimant seems to be involved somehow in a police matter, which, by definition, is a criminal matter That has nothing to do with the fact that that you are a defendant to a civil claim.

You have no obligation to redact from your defence any matter which aids your defence. If that results in the claimant becoming aware of the existence of, or the details of, a police investigation, that is not your business.

If you wish, you can, but you have no obligation to, supply a copy of your draft defence to the police and leave it to the police to decide whether to apply to the court to stay the claim, until they have completed their enquiries.

If you do not file your defence by the date and time stated in the Order, the claimant will get judgment by default.

I suggest you concentrate on drafting you defence and post up both the claim and the defence.

**Just234** · 21st January 2023, 18:59:PM

That makes sense
Thankyou for your time much appreciated

**Just234** · 22nd January 2023, 09:35:AM

Slept on it and woke up this morning furious this person can just make up any claim with his bunch of fake documents and the court have to hear him out because he’s entitled to a fair hearing?!!!
so how do I address the fact that all the documents he has provided in his bundle are fake? Fake bank statements, fake letters, surely there must be some way I can get the court to ask for let’s say original bank statements to be provided before the hearing.

**efpom** · 22nd January 2023, 19:53:PM

https://en.wikipedia.org/wiki/Norwich_Pharmacal_order

**Just234** · 24th January 2023, 11:24:AM

I’m sorry but that link makes no sense to me please explain.

I’m guessing this below is relevant to me wanting to ask the court to dispute the validity of the claimants evidence h by it how do I go about it? Do I submit n244?
Notice to admit or produce documents

32.19

(1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

**efpom** · 24th January 2023, 12:21:PM

Spot on - apologies for the earlier link. You need form N268 - there is no fee.
Serve on the claimant and file with the court.

https://www.gov.uk/government/public...ments-at-trial

Harassment and small claims help