Summary Judgment Help

[JK2054]

The court, fee is £303. you need to apply for a lifting of stay and list for hearing to strikeout claim/defence (as applc)

[jDan123]

The court, fee is £303. you need to apply for a lifting of stay and list for hearing to strikeout claim/defence (as applc)

Do I need to serve the claimant or the court will the claimant the application

[Pezza54]

Please read CPR 23
CPR 23.7 answers your question
This cpr also provides a lot more rules and requirements for application notices

[jDan123]

Please read CPR 23
CPR 23.7 answers your question
This cpr also provides a lot more rules and requirements for application notices

Thanks. Please is Summary Judgment is with statement of case or witness statement?

[atticus]

Please read and understand Part 24 of the Civil Procedure Rules. https://www.justice.gov.uk/courts/pr...les/part24#app.

[jDan123]

Thanks for the support so far. I applied to lift a stay, apply for strike out and summary judgment however an order was made for hearing for lift of stay and summary judgement but not the strike out. What can I do? Or why was this done?

[atticus]

Have you queried this with the court?

One possibility is that a judge has considered that the strike out application is hopeless.

[jDan123]

Have you queried this with the court?

One possibility is that a judge has considered that the strike out application is hopeless.

Thanks. I have sent an email to the court. However, I just received a piece of new strong evidence that supports my summary judgment, should I disclose now or wait still the 7 days before the hearing date set? Is there any advantage or disadvantage of waiting.

[Pezza54]

The advantage of waiting is that you could obtain more evidence regarding your application
The disadvantage is you could miss the 7 day deadline due to events such as electronic transmission problem, postal delay, printer/computer malfunction, personal illness, family emergency

[atticus]

you may be criticised for delaying and holding on to whatever this evidence is.

[jDan123]

you may be criticised for delaying and holding on to whatever this evidence is.

If the other party has stated this below, am I still required to disclose new evidence now, or can I wait until 7 days before the hearing, considering their request to exchange evidence around 10 days prior?

“Due to the upcoming court hearing, please note that xxxxxxx will not participate in a further correspondence unless it pertains directly to the exchange of the Court bundle or is legally required.”

[atticus]

This does not cause me to change my previous answer.

[jDan123]

This does not cause me to change my previous answer.

Thanks, there are new facts, can I send a supplementary witness statement and update the draft order. If a court hearing is already scheduled for Strike-Out and Summary judgement.

[atticus]

yes.