Asking for summary judgment?

[Dannybright]

In short:

Other side (a company) has not filed any witness statement etc by the deadline. That was about two months ago, then sent communication to the court denying they ever saw a hearing notice, nor a transfer of proceedings notice to my local county court, nor my submissions, nor two other pieces of mail from the court.

Strongly advised by a Judge in the last order to make an application, or words to that effect.

Have not done so.

Oh, and obviously do not have a clue what they are doing, as they advised the court they did not even know the case was transferred to the court, yet there are court file notes from months ago and a letter from them to the court which prove they either are lying or are utterly disorganised.

So I am the only one who has submitted and the hearing is in less than a month.

Should I sent an application requesting summary judgment? If yes, should I do it and ask for it to be considered first at the upcoming hearing?

[atticus]

If the hearing is less than a month away, I advise you to concentrate on preparing for that. Applying for summary judgement now will complicate - and almost certainly delay - things.

[JK2054]

In short:

Other side (a company) has not filed any witness statement etc by the deadline. That was about two months ago, then sent communication to the court denying they ever saw a hearing notice, nor a transfer of proceedings notice to my local county court, nor my submissions, nor two other pieces of mail from the court.

Strongly advised by a Judge in the last order to make an application, or words to that effect.

Have not done so.

Oh, and obviously do not have a clue what they are doing, as they advised the court they did not even know the case was transferred to the court, yet there are court file notes from months ago and a letter from them to the court which prove they either are lying or are utterly disorganised.

So I am the only one who has submitted and the hearing is in less than a month.

Should I sent an application requesting summary judgment? If yes, should I do it and ask for it to be considered first at the upcoming hearing?

nope.

Failing to send information/documnets is not a ground for summary judgement whatsover.

[Dannybright]

A DIFFERENT SCENARIO:

Start a claim against a company using my legal name. They objected to the claim because the name on their records is my nickname plus surname. This unfortunately auto-populated from my computer.

I did explain this discrepancy in my POC. But they've tried to weaponise the discrepancy anyway.

So they offer no defence, or just the above as a defence, asking that the claim be struck out. This is not really surprising, as they have no way of defending my very strong claim (breach of contract, not disputed).

I have sent to the court and them, since they filed the defence, four weeks ago, a copy of my bank statement with my full legal name, showing the debit made by this company for the disputed purchase, using my online account with them. No response.

Can I now ask for summary judgment, as they have filed no viable defence?

[Dannybright]

Bump

[atticus]

On what you have said, this appears to be a possibility. Remember that to succeed in an application for summary judgement you need to demonstrate that there is no realistic prospect of the defence succeeding.

Study CPR Part 25 and Practice Direction 25 for the applicable rules and procedure.