N244 Application To Have The Defence Struck Out. - REFUSED

[Sindbad]

Hi,
I have had my N244 Application To Have The Defence Struck Out.Refused without any explanation.
My application cited The Defence Statement;-
a) consists only of a bare denial with no facts.
b) abuses the courts process or is otherwise likely to obstruct the just disposal of the proceedings because of his reference to, (deleted as confidential)
c) contains multiple falsehoods as detailed in the attached sheet.
d) is not verified by a statement of truth as required by CPR 1998, Part 22.

My application also asked the court to consider a summary judgment and costs award.
I thought this was so secure that I asked for it to be dealt with without a hearing.

Subsequently I attended a preliminary hearing in which it became apparent that my Particulars Of Claim continuation document was missing from the court file. The absence of this document will have seriously compromised the Judges decision to refuse my N244 Application, as all he had was the brief summary on the original claim form.


Is there an appeals process or other redress I can persue?

[pt2537]

Hi,
I have had my N244 Application To Have The Defence Struck Out.Refused without any explanation.
My application cited The Defence Statement;-
a) consists only of a bare denial with no facts.
b) abuses the courts process or is otherwise likely to obstruct the just disposal of the proceedings because of his reference to, (deleted as confidential)
c) contains multiple falsehoods as detailed in the attached sheet.
d) is not verified by a statement of truth as required by CPR 1998, Part 22.

My application also asked the court to consider a summary judgment and costs award.
I thought this was so secure that I asked for it to be dealt with without a hearing.

Subsequently I attended a preliminary hearing in which it became apparent that my Particulars Of Claim continuation document was missing from the court file. The absence of this document will have seriously compromised the Judges decision to refuse my N244 Application, as all he had was the brief summary on the original claim form.


Is there an appeals process or other redress I can persue?

Did your application comply with the CPR, did the application for summary judgment under part 24 state the required info in CPR 24.5? and was there a hearing of the application or was it on the papers? If you applied on paper for summary judgment then you may have shot yourself in the foot, as there is a requirement to put the party on notice if they wish to oppose they must submit evidence so many days before the HEARING, if you had no hearing then you may have left yourself in trouble.

[Sindbad]

No, I think I failed to comply with CPR 24.5 etc. I think I was too ambitious in adding the request for summary judgment to the same application to strike out the defence. I had it in my mind to get full value for the £255 fee. If I had just applied to strike out the defence, would the summary judgement have subsequently been made by the court without further action from me?

As my application was fatally flawed because I ticked the box to have it dealt with without a hearing, should the court staff have returned it together with the fee, instead of forwarding it to the judge?

I dont suppose they will give me a discount if I re-apply with a simplified application (just to strike out the defence)?

What does it take for a judge to exercise his Power To Strike Out A Statement Of Case, as under CPR PART 3 Section 3.4 . This defence breaks so many rules, Im suprised that did not happen.