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Civil Court Case - Advice on Procedures

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  • Civil Court Case - Advice on Procedures

    Good Afternoon,
    Please can someone assist me with a query?

    I am helping my Brother defend a case raised against him for allegations of theft with a previous employer. The case did start through the Small Claims route but has been transferred to the Fast-Track.

    A preliminary hearing was held a few weeks ago and the Claimant was allowed to amend their statement of case. As a result, we also had an opportunity to amend our defence. We obtained legal advice and a Defence was drafted by a Solicitor. We submitted the Defence to the Court along with a counterclaim.

    When we submitted the Defence, I had noticed that the 'Statement of Truth' paragraph provided by our Solicitor did not comply with the new rules in accordance with the CPR. As a result, I amended the Statement of Truth quickly and resubmitted this to the Court on 15/09/2020.

    The Claimant's Solicitor has replied to the amended Defence and Counterclaim today (16/09/2020) and there is a paragraph contained stating that as the Statement of Truth does not comply with the CPR rules, the Defence and Counterclaim should be struck out - interestingly enough, the defence is dated 15/09/2020 yet was sent to my Brother and the Court today (16/09/2020).

    I guess the purpose of the post here is to ask for some advice - given that we spotted the error and remedied it almost immediately on 15/09/2020 - will this stand weight should the Court consider the strike-out request? Also - the reply to the Defence and Counterclaim was sent via email today (16/09/2020) to the Court and to my Brother, yet the Defence is dated 15/09/2020 - do we need to do anything here?

    Any help would be appreciated.

    Many thanks.

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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