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.

[JK2054]

Bump

I'm not so sure on this, because the court may well find that the nickname you used when you first contracted with them is the contracting party. If you signed a contract as joe bloggs but your name was really king charles, it is an arguable defence that you have no right as king charles to bring a claim because the name of the contracting party is joe bloggs and therefore they can argue that your claim has no right to stand, because only joe bloggs can bring a claim.

[Dannybright]

But they are not two separate people. Joe Bloggs and I are the same person. And their argument is that it s a different person - not that a non-entity means there is no contract in place.

[Dannybright]

It's basically something they are trying on to get the case struck out.

[Dannybright]

They state in their defence that I am not a party to the claim.

Notwithstanding the name issue, I would think that being the person who paid for good makes me a party? Contract cannot be formed until payment is made.

[Pezza54]

If a claimant can sue a defendant John Smith T/A Smith Builders, having contracted with Smith Builders why can't a claimant name themself as
(true first name and surname) known as (nickname)?
In OP's case I would be more concerned if they had only used their nickname on the claim form and PoC

[atticus]

I tend to agree with Pezza.

[Dannybright]

Just to be on the safe side I will have my lawyers send a letter. B. Rubble, F. Flinstone, & associates.

[JK2054]

If a claimant can sue a defendant John Smith T/A Smith Builders, having contracted with Smith Builders why can't a claimant name themself as
(true first name and surname) known as (nickname)?
In OP's case I would be more concerned if they had only used their nickname on the claim form and PoC

because he hasn't done that is the problem. he has just used his real name. If i go onto argos and order a computer with the name joe bloggs, then sue them as King Charles, what right do i have? The contract is between Joe bloggs and argos, not King Charles and argos. He needed to have put in his name somewhere real name contracting as XX or something like that.