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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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Pre-Action Letters
First Steps
Check dates
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.

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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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