Determination Without Hearing or Summary Judgement

[jDan123]

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?

[atticus]

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.

[jDan123]

Is summary judgement allowed in small claim track?

[Pezza54]

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

[atticus]

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.

[jDan123]

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.

[JK2054]

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?

[jDan123]

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?

Apologies for the delayed response; I had to prioritize my health. I initially agreed to a hearing because I needed evidence to prove the data was inaccurate. However, the matter has now been resolved by the FOS, and the stay was in place to await their final response.

Note: I have not accepted fos response.

[JK2054]

so its resolved or its not resolved? If its resolved by the FOS I dont understand how you havent accepted theri response.
If not acepted it means nothing so how can it be resolved?

[atticus]

I guess that the FOS has issued its decision, with which the OP does not agree.

The OP should only request determination without a hearing if the case on paper is overwhelmingly strong and obvious. If he needs to explain his case and the evidence, then I would advise against this option. If the FOS decision has gone against him, then I would suggest that his case is not so clear and obvious as to justify a decision to seek a determination without a hearing.

[JK2054]

I guess that the FOS has issued its decision, with which the OP does not agree.

The OP should only request determination without a hearing if the case on paper is overwhelmingly strong and obvious. If he needs to explain his case and the evidence, then I would advise against this option. If the FOS decision has gone against him, then I would suggest that his case is not so clear and obvious as to justify a decision to seek a determination without a hearing.

is it "resolved by the FOS" if OP doesn't agree tho, doesnt shout resolved?

[jDan123]

is it "resolved by the FOS" if OP doesn't agree tho, doesnt shout resolved?

Thank you, I have accepted the FOS.