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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.
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.
