Holiday guest claiming from me - Prospect of strikeout?

[LakeDistrict]

Thanks for your input,islandgirl . I will keep thinking about how I progress with this, regarding the strikeout.

It would seem that I can take the lack of notification of the strikeout taking effect as being the Claimant having complied with the Order meaning that the strikeout hasn't happened. I must decide whether to make my own application for a further strikeout attempt. I do not yet feel that I want to attempt to tell the Judge that the Claimant hasn't complied with the Judge's own order when he appears to accept that the Claimant has.

Is it possible that the decision on that order will be given at the hearing, striking out the claim 'in person' and the Judge moving on then to the Judgement?

Meanwhile I'm preparing all the documents for a full hearing as normal.

Thanks again for the input - Hopefully interesting and perhaps cautionary reading for all holiday home owners.

[LakeDistrict]

Just an update to this, the case was dismissed by the Judge, saying that he was not satisfied that the property fell below the required standard of cleanliness, therefore I won the case.

The a Judge made particular note of the usefulness of my evidence, being that I submitted a detailed walk around video of the property, every room being inspected closely for defects and none relating to cleanliness being found. I did not avoid minor defects in the property and in fact went out deliberately to highlight them, which was noted positively by the Judge.

The Judge stated that the video was a "more useful" type of evidence than the guest's zoomed in photos as it allowed him to "see the room overall", thereby to see that the overall condition was good.

This victory should provide succour to owners of holiday accommodation faced with unreasonable claims and the case demonstrates in my view that the 'macro' trumps the 'micro' when it comes to condition of the property.

Thank you for your help here.

[ostell]

Well done. Did you request costs?

[LakeDistrict]

Thank you - I was not able to recover costs - As part of the judgement the Judge made an order that no costs will be apportioned.

I am very glad that I made the video - I made it before the case was started, having anticipated that he guest was going to be difficult.

I very well understand that anyone reading this may think the guest hard done by here, but that is not the case. The guest was offered every possible resolution including a free holiday at any time of their choosing but they choose to reject all offers.
I'm pleased with the outcome and an glad that the Judge got to the bottom of the dispute.

Thanks again