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I am a bit uncertain about the next steps in my small claims track case. The defendant requested that the case be determined without a hearing in their reply. However, the case was stayed pending findings from the ICO, which are now complete, and I believe there are sufficient undisputed facts to request a judgment from the court without a hearing. Should I be asking for a Determination Without Hearing, a Summary Judgment, or is there another appropriate option? Also what CPR supports this? I want the case to be determined without hearing?
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Determination without a hearing is vanishingly rare. If you can prove that the other party has no realistic prospect of success then you can apply for summary judgement under CPR Part 24. Read Part 24 very carefully.
And be aware that if you make this application unsuccessfully you may well be ordered to pay the other party's costs of the application immediately.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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Is summary judgement allowed in small claim track?Comment
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Question DI on the Directions Questionnaire N180 covers determination without a hearing on the small claims track
The court can determine a claim if both parties agree to determination without a hearing
It does appear in your case that both parties want this method
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Sorry, I thought the OP meant a unilateral determination without a hearing, not one by consent of all parties.
Is he sure that his case is so remarkably obvious that he does not need to present his argument, to explain it to the judge?
CPR 27.2 does not appear to disapply Part 24 from cases allocated to the Small Claims Track.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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Thank you. Could I submit an N244 form to inform the court of the ICO outcome and include an Application to Determine the Case Without a Hearing Pursuant to CPR 27.10? The defendant’s response to the defense included a Directions Questionnaire indicating a preference for determination without a hearing. The court order staying the case grants liberty to apply.Comment
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Alright alright.
So firstly, when you submitted your DQ did you submit Yes to without a hearing or no.
Also when it was stayed, what are the terms of the order staying it?Comment
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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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