N244 and Application for Strike Out

[Moonpig_99]

Hi All,
Please can someone help me?
I am helping a family member with a Money Claims claim that was submitted by an ex-employer.* Within the defence, I noted that we want to submit an application for strike-out along with reasons (I won't go into those on here).
However, the Claimant's solicitor has just emailed stating that I should have completed a N244 form and made an application directly to the Court. My question here is - am I out of time? It is clear from the defence that this was what we wanted to do - but I guess I didn't complete the N244 form that should have been submitted alongside.* The reason why I didn't do this is because I wasn't aware I had to complete the N244 form - I am not legally qualified.*
Any help would be appreciated.
Many thanks.
*

[R0b]

Hi, it's not clear what it is you are asking or even if there is a question.

Yes the solicitor is right, the general rule is that if you want the court to do something, you need to make an application. General applications for strike out use the N244 form and at a cost of £255. If you don't make an application to the court, then it will not consider your request because you didn't follow the correct process.

[Moonpig_99]

Hi, it's not clear what it is you are asking or even if there is a question.

Yes the solicitor is right, the general rule is that if you want the court to do something, you need to make an application. General applications for strike out use the N244 form and at a cost of £255. If you don't make an application to the court, then it will not consider your request because you didn't follow the correct process.

Thanks Rob.

Apologies - let me try rephrasing (sorry, been a long day!)

So - a family member received a Claim from an ex-employer. Within the Defence that I submitted on behalf of my family member, I stated that I wanted to make an application to the Court to strike the claim out for various reasons.* However, I guess my question is - should I have submitted the N244 form along with the Defence? If so, then I haven't done this. Then in that case - am I too late? The deadline for submitting the defence was 30 March 2020 - we are obviously past that date now.*

Many thanks.*

[R0b]

The defence and an application to strike out are not mutually exclusive. Usually a strike out application would be made at the early stages of proceedings rather than just before the hearing, but it is fine to make that application after the defence has been filed.

Are you asking to strike out part of the claim or all of it? If the latter, have you considered summary judgment?

[Moonpig_99]

Thanks Rob.

Apologies - let me try rephrasing (sorry, been a long day!)

So - a family member received a Claim from an ex-employer. Within the Defence that I submitted on behalf of my family member, I stated that I wanted to make an application to the Court to strike the claim out for various reasons. However, I guess my question is - should I have submitted the N244 form along with the Defence? If so, then I haven't done this. Then in that case - am I too late? The deadline for submitting the defence was 30 March 2020 - we are obviously past that date now.

Many thanks.

Thanks again Rob - it would be all of the claim... please can you explain the summary judgment part?

[R0b]

Similar, but not the same as striking out and are commonly used together. If you want to compare, I suggest you read CPR 3.4 (link here) and CPR 24.2 (link here). One thing to be aware of is that a court would only strike out generally tends to be more procedural issues and used as a means of last resort whereas a summary judgment is more concerned about the prospects of success.

Neither are easy hurdles to overcome so you may want to get the facts and evidence straight before you consider going down that route. As these types of applications don't fall within the small claims track, there is a risk that if unsuccessful you could be liable for costs (the family member).

[Moonpig_99]

Similar, but not the same as striking out and are commonly used together. If you want to compare, I suggest you read CPR 3.4 (link here) and CPR 24.2 (link here). One thing to be aware of is that a court would only strike out generally tends to be more procedural issues and used as a means of last resort whereas a summary judgment is more concerned about the prospects of success.

Neither are easy hurdles to overcome so you may want to get the facts and evidence straight before you consider going down that route. As these types of applications don't fall within the small claims track, there is a risk that if unsuccessful you could be liable for costs (the family member).

Thanks for your help Rob. *Please can you help me with another question?

When I submitted the defence, the Particulars stated that I wish to make an application to strike out the Claimants claim. I then provided the reasons why. A few weeks had passed - *new evidence came to light that strengthened the grounds as to why I wanted to strike out - this new evidence wasn’t available at the time as this evidence was sent to me as part of a subject access request. *I then submitted this to the Court. Based on your helpful advice, I’ve now submitted the N244 to make an application to strike out - my question is - this new evidence - because this was submitted before I submitted the N244, do I need to request permission from the C’s Solicitor to add this into the claim, and if he refuses or doesn’t respond, then I submit a new N244 with an application to amend?

Many thanks

[R0b]

Like I said before, the defence and strike out are not mutually exclusive and it's irrelevant what you've put in the defence because the judge wont treat it as a strike out application..since it's in your defence.

You dont need permission to file a strike out application. N244 Applications for strike outs need to be supported by evidence, have you not submitted a witness statement and attached evidence to that or is it just the application you've sent off?

If it's just the application you sent, I'm not sure how the judge will be able to consider your request without evidence and you may just run yourself the risk of having the application dismissed.

[GardenBee]

A strike out application will nearly always be an oral hearing (possibly a telephone hearing). You will need to file and serve a detailed witness statement referencing the legal grounds on which you deem the claim defective etc and also file and serve exhibits in support, and a draft order. You can also file and serve a schedule of your costs. Strike out apps are bold steps to take! On what grounds do you intend to strike out?

[Moonpig_99]

A strike out application will nearly always be an oral hearing (possibly a telephone hearing). You will need to file and serve a detailed witness statement referencing the legal grounds on which you deem the claim defective etc and also file and serve exhibits in support, and a draft order. You can also file and serve a schedule of your costs. Strike out apps are bold steps to take! On what grounds do you intend to strike out?

Hi GardenBee - please can I private message you with this information as I'd rather not post on a public forum from an identity perspective?*