Question regarding N24 general form of judgement or order

[jinx182]

Hi,

I am owed payment for work I have completed for another business, so made a claim via MCOL. The claim was subsequently sent on to my local county court after the defendant stated that they wished to defend the claim, and we both returned our directions questionnaires (I stated that I wished it to go to court)
I received a letter yesterday (a N24 ‘General Form of Judgement or Order) from my local county court. It stated that a district judge had considered the papers in the case and ordered that the defence of the defendant has been struck out pursuant to cpr 3.4 (2)(a) and (c) as it fails to comply with cpr 16.5 (1) or (2)

Am I correct in thinking this means the defendant has not submitted an adequate defence or rebuttal of my claim? Does this mean my claim has been successful?

The letter also states that I can enter a judgement (after 10 days), and that the parties have the right to apply to have the order set, aside, varied, or stayed (which has to be made within 10 days together with a fee). I'm not sure what this means and what I should do next?

Any comments / advice would be greatly appreciated. Thank you

[Amethyst]

Re: Question regarding N24 general form of judgement or order

Did you receive a copy of the defence from the court ? Can you see why it might have been struck out ?

But yes, you have won, for now, unless the defendants apply to set aside/vary the order to strike ( which is basically them arguing with the court that the strike out was wrong and putting in a proper defence ) - it will cost them £50 to apply. So in 10 days give the court a call and check if any application has been made, then you can ask them to enter judgment.

[jinx182]

Re: Question regarding N24 general form of judgement or order

Thank you for your reply

I did not receive a copy of the defence from the court. I received a copy of the defence that the defendant submitted to MCOL- it was very vague and general, as it merely stated that they disuted the claim. I'm wondering if this was why it was struck out as at no point have the defendants stated to me why they are defending my claim.

I completed the work for them earlier in the year and subsequently recieved lots of emails referring to the my invoices and stating that they would pay me. After months of non-payment, and being messed around, I put in my claim through MCOL - they then stated they wished to defend it but I have no clue as to what their grounds for defence are.

Can I request a copy of the defence from the court?

[Amethyst]

Re: Question regarding N24 general form of judgement or order

That will be the same MCOl is used instead of paperwork to the court, as you bought the claim through MCOl their defence is usually done via MCOL too.

The court have the powers to strike out a defence if it doesn't contain at least the basics....

Content of defence

16.5

(1) In his defence, the defendant must state –

(a) which of the allegations in the particulars of claim he denies;

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

(c) which allegations he admits.

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who –

(a) fails to deal with an allegation; but

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –

(a) state why he disputes it; and

(b) if he is able, give his own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.

If they want to proceed they will have to draft an amended defence that meets the criteria and apply for the strike to be overturned.

[jinx182]

Re: Question regarding N24 general form of judgement or order

Ah that makes sense now. :rolleyes: The copy of the defence I received did not adhere to any of those listed points - tbh it could have been a general defence response to any claim / anyone.

So can they still submit a 'proper' defence if they pay £50 to have the order set aside / varied, or it is too late in the process now? And would that be dependant on them arguing that the judge was wrong to strike out their defence?

[jinx182]

Re: Question regarding N24 general form of judgement or order

Thanks again for your help. Just one more question if that's ok...how do I go about entering judgement after 10 days has passed? Is there a form to fill in and submit? When I rang my local court and asked, they told me they could not advise me how to do this. Cheers

[dan_1207]

Re: Question regarding N24 general form of judgement or order

http://hmctsformfinder.justice.gov.u...s/n225-eng.pdf

Be sure to calculate interest from date of claim to the date you request judgment (if you claimed interest).

[Amethyst]

Re: Question regarding N24 general form of judgement or order

So can they still submit a 'proper' defence if they pay £50 to have the order set aside / varied, or it is too late in the process now? And would that be dependant on them arguing that the judge was wrong to strike out their defence?

Yes xx

When I rang my local court and asked, they told me they could not advise me how to do this. Cheers

Bloody hell, that isn't even legal advice, it's just 'which form do I fill in'. grrrrrrrr.

[jinx182]

Re: Question regarding N24 general form of judgement or order

Thanks for that. I wondered how I would apply the interest that had accrued since I made the claim.

[jinx182]

Re: Question regarding N24 general form of judgement or order

Hello again. I'm fairly confident in being able to fill out most of the N225 apart from section A. It says I have to fill out section A or B - I cannot complete section B, as they have not admitted the money is owed, so will have to complete section A. Re. Section A, the defendants have submitted a defence but it has been struck out by the judge. Should I therefore tick both boxes in section A or just the second one? Thanks

[dan_1207]

Re: Question regarding N24 general form of judgement or order

Complete section A, both boxes. No *valid* defence currently exists, so you're correct in saying as such.