MKDP(Claimant)didn't comply to court order - CASE STUCK OUT :) !

[Amethyst]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Well I would complete it to apply for para 3 of your supp defence as the Judge requested. A witness statement would be best to go with it detailing what you have done to try and sort the claim out.

I really don't know about the application fee, I presume if it gets struck out the judge makes an order for costs as it doesn't seem very fair otherwise.

Are you able to get any fee remission ?

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Are you able to get any fee remission

what is fee remission?

Am currently preparing the Draft order of Direction and Witness statement for the N244 form to strike out the case. Am not sure what I am doing so hope to put it up here soon to get advice if what I was doing is correct.

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

The reason i asked who signed the form is that some people put company names and thus can't rely on the pleadings. This doesn't apply to you which is a pity otherwise you had a seemingly slam dunk win.


Now, you might still get an easyish win here.

The claimant was ordered to

" By 4 pm on 12 December 2013 the claimant shall serve upon the defendant copies of those documents the claimant relies on to include those referred to in paragraph 5 of the defence ( and if any such document is not available an explanation in writing of why that is so and the gist of its content as contended for by the claimant)."

They apparently have not done so. I say apparently because they might have done so but the postie lost it.


The judges order continued

"By 4 pm on 2nd January 2014 the defendant shall file and serve a supplement to her defence which indicates whether she then admits this claim or disputes it with summary of her reasons and copies of the documents she relies on at trial."

Note the use of the word then.

It is clear to me that the judge meant the defendants part of the order was to follow on from the Claimants action i.e. a response. The claimant having failed to comply there being nothing to respond to by the defendant. http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html

As the claimant has no witnesses and no contract that they have entitlement to use then i'd invite the court to strike the claim out. Cite Mitchell, Durrant, Karbhari as well as Lloyd as already mentioned. Print them off of Bailii.org and take them with you.


I suspect this might not go ahead but you should be ready for it.

M1

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

what is fee remission?

Am currently preparing the Draft order of Direction and Witness statement for the N244 form to strike out the case. Am not sure what I am doing so hope to put it up here soon to get advice if what I was doing is correct.

A witness statement will be of no use to you. 14 days to late.

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

I've been having problem with my printer but manage to solve it.

I have been trying to fill in the N244 for tomorrow together with a draft of direction and witness statement to strike out as guided by the judge.

Here is the draft of N244:


My draft order of direction:




My witness statement to be included in N244:





Is this OK for the application to strike out the case?

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

For me it's too late for that. The claim is allocated to small claims cpr 31 no longer applies. The judges order, however does remain.

If the defendant doesn't show up you should be ready with all costs.

http://www.justice.gov.uk/courts/pro...s/part27#27.14

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

Travel, copying, telephone £18 per hour, lost wages etc

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

It is clear to me that the judge meant the defendants part of the order was to follow on from the Claimants action i.e. a response. The claimant having failed to comply there being nothing to respond to by the defendant. http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html

As the claimant has no witnesses and no contract that they have entitlement to use then i'd invite the court to strike the claim out. Cite Mitchell, Durrant, Karbhari as well as Lloyd as already mentioned. Print them off of Bailii.org and take them with you.

Thanks M1
Wow... lots to read before 11 am :help:

http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html 7 pages
Bianca Durrant v CC of Avon & Somerset Constabulary 14 pages
Khabari, Khabari v Ahmed 8 pages

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

For me it's too late for that. The claim is allocated to small claims cpr 31 no longer applies. The judges order, however does remain.

If the defendant doesn't show up you should be ready with all costs.

http://www.justice.gov.uk/courts/pro...s/part27#27.14

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

Travel, copying, telephone £18 per hour, lost wages etc

M1

OK. I'll prepare costs as well tonight but what if they show up tomorrow?

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

They failed to comply with the court order and as you see in the cases i cited the judge should allow them to use nothing.The only thing they have are the pocs but they have no evidence.

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Is the wasted cost in the file attached reasonable?

Reason I ask is because I got another case that was discontinued back in July 12 but CL Finance didn't want to pay my wasted costs because they say its too much.

I Forgot to put time off work which is 6 hours based on £18/hr= £108 so that would make the updated total to £510.22... is this reasonable?

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Is the wasted cost in the file attached reasonable?

Reason I ask is because I got another case that was discontinued back in July 12 but CL Finance didn't want to pay my wasted costs because they say its too much.

I Forgot to put time off work which is 6 hours based on £18/hr= £108 so that would make the updated total to £510.22... is this reasonable?

Bit high on the defence but the judge will only give what they think is fair. No show means unreasonable behaviour on the claimant usually so you'll get pretty much any reasonable amount you ask for.

Parking, petrol photocopies etc etc.

Good luck tomorrow.

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Just came out of court room.They didn't turn up. Case strike out. Judge order them to pay me for having to take time off. Thank you all for all your help. 1 down 1 to go....awaiting to see if Britannica will reduce my egg loan.

[Amethyst]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Ahhh marvellous. Well done Zhan

[mystery1]

Re: MKDP(Claimant)didn't comply to court order - CASE STUCK OUT !

Shame. Nice result

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order - CASE STUCK OUT !

Back at home now. Thanks again to everybody who helped me to get this far.

The Judge said he can't struck out the case before because the Claimant might comply even though a bit later from the order date but he can struck it out today as they didn't turn up.

He also said because its only a small claim the cost he is going to give me is £90 (max limit for the cost of me having to take time off) and will order the Claimant to pay. I did ask the judge what if they don't.. he said to call the court when that happen. What if they don't? I know its only £90..

At least I learn something about non-compliance after reading Mitchell, Durrant and Khabari (read but not necessarily understand most of it!) so thank you all.