Court claim against company

[des8]

You said in post 1 they " " ignored several points in [your] particulars of claim"
You now say post 15 "Well they haven't ignored several points"

Just don't contradict yourself at the hearing.;

They have actually made 2 applications, one for summary judgment as per CPR 24 and the other for Strike out as per CPR3.4
Very often made together as an either or application.
If it is an abuse of process the judge will likely note it.
Concentrate on your defence of the applications, and progressing your own claim

[stark13]

Thank you. They have also filed a defence at the same time. Do I have to fill in the directions questionnaire as normal?

[des8]

Yes, you ignore court instructions/directions at your peril!

[stark13]

So I sent in my witness statement by email and asked for it to be filed and the court have emailed back saying that
"Unfortunately a judge cannot be influenced in regards to what should or should not be considered when making a decision, though all decisions are made by following a consistent and fair process. If it is felt that further information is required, the judge would request it from either party".

I don't get what's going on here? I thought I was supposed to respond to the application notice?

[des8]

So did I ! But the response is now in.

What grounds were put forward supporting the strike out application?

Tagging R0b as he is more au fait than I with such procedural matters

[stark13]

The grounds were that I have no reasonable prospect of winning

[R0b]

Suggest you write back to the court and point out to them that you have a right to file written evidence opposing summary judgment and that right can be found under rule 25.4(1) of the CPR. I would also ask them to confirm by email that they will now put your witness statement on file or if not, a detailed explanation why not. If you don't receive a satisfactory response then you will have to consider issuing proceedings against the court directly for their procedural failure to comply with the CPR but also they have breached your human rights contrary to Article 6 of the Human Rights Act 1998 (a right to a fair trial) in allowing the Applicant to file written evidence but denying you (as the respondent) an opportunity to do the same.

Something like that might give them a kick up the backside, providing you put it in a polite but firm tone.

[stark13]

Thank you very much, what part of cpr 25.4 says this? All I see is the below :
Application for an interim remedy where there is no related claim

25.4

(1) This rule applies where a party wishes to apply for an interim remedy but –

(a) the remedy is sought in relation to proceedings which are taking place, or will take place, outside the jurisdiction; or

(b) the application is made under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before commencement) before a claim has been commenced

[R0b]

Sorry, I meant 24.5(1) as per below.

[stark13]

So I sent the above to them and they sent the following :


Unfortunately, we cannot accept written evidence opposing summary judgment for the following reasons...


> At this stage in the claim we do not accept additonal evidence as we do not have the means to file it. This is because we are not legally trained to do anything with the evidence that you send in.

>Once the case is transferred to the local court you will then be able to submit your additional evidence.

[stark13]

Sorry guys, any ideas what to do next?

[R0b]

Seems a little suspect to me, but just wait until the case has been transferred to a court and then email it directly to that court hearing the application.

[shock1]

I would have thought you could have mentioned something in the directions questionaire but once summary judgment requested I understand everything stops till the hearing where you should be able to put your side accross. That said currently in court proceedings and my evidence is unequivocal. Yes I asked my barrister about going for summary judgment apart from cost depending on situations 5-15k if defended. If the person applying for summary judgement loses they will pay both sides cost. My barrister said it's a high risk strategy as judges rarely give a judgment and lean more towards a fair trial

[stark13]

Hi all, I now have a hearing date for the Defendant's strikeout application. There is nothing on the court order about disclosure. Does this happen for application hearings? Surely if the judge is deciding on whether the case should be dismissed then all the evidence should be presented? How do I get request the documents I need from the Defendant?

[stark13]

Sorry guys, any ideas about the above?