N244 Processing Time and Strike-Out Query

[LazyJudge]

Hi,

To summarise briefly, a Claimant has issued a claim against me. The Claimant has failed to comply with court Orders, and I believe I am entitled to seek a strike-out, as an Unless Order was breached (although no strike-out has yet taken effect).

The claim was initially issued in the Civil National Business Centre and was transferred to the County Court on 20 January where it has since been allocated to a Judge and is currently awaiting directions., I only recently become aware that it had been transferred to my local County Court. In the meantime, I spent a considerable amount of time preparing an N244 application, which I then submitted to my Local County Court.

I have a few questions, and I would really appreciate guidance from anyone who has experience. I have limited experience and have tried researching this online, but have not been able to find clear answers.

1. Court staff have informed me that despite the fact that is has been a few weeks since the transfer directions have not yet been given. However, I understand that the court’s systems can sometimes be delayed and may not immediately reflect recent activity and thus there is a chance that directions have been given (am I wrong?). In general, how long does it typically take for a Judge to issue directions (noting that there has been no case management hearing) and what is likely to have happened here?

2. I filed my N244 application a few days ago and paid the court fee. Assume that directions have not been given, will a Judge who is considering directions automatically see that application on the file, or can it take several weeks to be processed? I have read elsewhere that it may take around four weeks to process. Does that mean a District Judge could give directions, let's say in a week from now, without being aware of the application?

3. This is my main concern: does it matter if directions are given without the Judge having considered my application (assuming the Judge does not strike-out)? I believe the Claimant has breached an Unless Order and that this should have consequences. I am concerned that the Judge may treat the matter as routine directions without noticing the breach, unless it is looked at more closely and that since the Judge has given directions, the matter can no longer be brought up.

Any guidance would be greatly appreciated. I know I am overthinking this but I don't know what to do. I worry about the prospect of a Judge unknowingly making a directions decision that is favourable to the Claimant and when my application does get seen, by then it is too late or the applications chances dwindle significantly. If anyone has any ideas, please let me know because I spoke to the Court staff and they could not tell me the processing times.

[atticus]

What are the exact terms of the "unless" order? Consequences should be specified.

[LazyJudge]

What are the exact terms of the "unless" order? Consequences should be specified.

Hi,

I apologise because it did not occur to me that there could be different consequences for an Unless Order, which is something I should have considered. Just to be clear, the consequence specified in the Unless Order is that the Claimant's claim will be struck out. I should add I have also mentioned other reasons for the strike-out, which are also compelling (but yes, the Unless Order is the basis of the strike-out)

I understand that this may seem unhelpful or unfriendly, but given the specific nature/wording of the Order, I do not want my opponent to come across this forum post and trace it back to me (even though there is nothing improper in it). I hope you can understand.

[atticus]

In that case, isn't the claim already struck out? Ask the court to confirm.

[LazyJudge]

You may be right. That said, my initial view was that it has not been struck out, and I will explain why in a little more detail.

The breach of the Unless Order is not immediately apparent. The situation is similar to an Unless Order for disclosure where a party has only partially complied—however, non-compliance remains non-compliance. My understanding is that this is, in effect, an Unless Order that has not yet bitten.

In addition, a District Judge is listed to give directions. It is therefore possible that the judge may identify the issue and strike out the claim at that stage, if it has not already been done.

Given that directions are still to be given, I do not believe the claim has been struck out. However, it would be sensible to confirm this as per your advice which I will be doing.

For completeness, I have not received any notice stating that the claim has been struck out. Instead, the claim has recently been transferred to the local County Court. If the Unless Order had automatically taken effect, the claim should have been struck out some time ago.

[atticus]

Let the court know that the "unless" condition has not been met.

[LazyJudge]

Let the court know that the "unless" condition has not been met.

Hi,

How do I do this? I have already filed an N244 application for strike out, together with a Witness Statement. Or do you mean, tell the Court staff/Court Manager?

Would you mind kindly re-reading my initial query? I might be overthinking this, but I’m concerned about whether it matters if the Judge does not realise that the “unless” condition in the Unless Order has not been met. As a litigant in person with no experience, I’m worried this could make things harder for me if a Judge makes directions (which I can of course, overturn).

I understand that timelines can vary from court to court, but how long does it usually take for a Judge to give directions after a case has been transferred?

Thank you for your help so far.

[atticus]

You are indeed overthinking things. What the judge does not know, s/he cannot act upon.