Court claim against company

[stark13]

Hi everyone. I'm hoping someone can help me with something. I've filed a claim against a company in the small claims court. The Defendant has filed a defence but at the same time filed an application notice to strike out the claim and for summary judgement. Their reasons are 'there is no reasonable prospect that I will succeed in the claim'. I do not agree with this. A few questions :

1. Can I respond to the application notice and if so how I would go about doing this?
2. I don't agree with their reasoning on how the claim is bound to fail and they have completely ignored several points in my particulars of claim. I think this is an abuse of process and they don't want a full trial as it may make them liable for other claims so they want to get the claim struck out now. Is there anything I can do about this? Is there a counter application I can file or something for abuse of process?

Thank you in advance for your help!

[MIKE770]

Des-8

[des8]

Yes
You need to file a witness statement opposing the application

Here's a template to guide you (thanks PT2537)

• 1. [I am a [state occupation or, if none, description, e.g. housewife, retired …] [and the [claimant][defendant] in these proceedings][I am a director of the [claimant] [defendant] company and am authorised to make this statement on its behalf]. I make this witness statement in opposition to the [claimant’s] [defendant’s] application to strike out the [whole/part] of the [claim form/particulars of claim/defence/CPR Pt 20 claim/reply to defence].
  2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where statements are not within my own knowledge, I have stated the source for any such matters of information or belief.
  3. There is now produced and shown to me a bundle of documents marked “ABC1” (“the exhibit”). The exhibit contains copies [of the documents to which I refer in this witness statement]. If there is more than one exhibit, introduce each one prior to referring to it and describe the contents.
  4. [In chronological order, list the facts on which the witness relies in opposing the application. The following facts may need to be addressed:
  a) Explain why the respondent contests the grounds for striking out (which should be set out in the applicant’s evidence in Part C of the application notice or supporting witness statement).
  b) If the application is being made pursuant to r.3.4(2(a) (the statement of case discloses no reasonable grounds for bringing or defending the claim) state why the respondent believes the statement of case does have a real prospect of succeeding. If it is the case that the claim/defence is valid at law but poorly pleaded, acknowledge this fact and state that an application for permission to amend the statement of case will be made, should this application be dismissed. Outline the facts giving rise to that claim or defence.
  c) If the application is being made pursuant to r.3.4(2)(b) (the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings) explain why the applicant believes the isn’t vexatious, scurrilous or ill-founded. State that the respondent is prepared to amend the statement of case.
  d) If the application is being made pursuant to r.3.4(2)(b) (the respondent has failed to comply with a rule, practice direction or court order), confirm whether the respondent believes there has been a failure to comply with a provision.
  e) In the event that the court dismisses the application and makes a conditional order, confirm whether the respondent is able to comply with an order requiring him to make a payment into court. Exhibit financial information to support this statement, if appropriate.
  5. I request the court to dismiss the application.
  I believe that the facts stated in this witness statement are true( this statement needs updating).
  Signed ________________________
  Dated ________________________

[stark13]

Thank you very much. And how do I file this witness statement? Is there a particular form? Does it have to be done within a certain time frame?

Also what about the abuse of process? I think this is abuse of process by them trying to deny me a fair trial. I have stated the legal basis for my claim in the particulars and they have completely ignored it in the application notice. Can I not do something about this? As in get them penalised for it somehow?

[des8]

You need to respond promptly to a strike out application, with a witness statement as per template, with covering letter stating you are responding to the application
I would use email , confirmed with hard copy.

I would ignore the perceived abuse of process, because if their application fails it won't matter anyway

[stark13]

So I just send the witness statement directly to the company? Not the court? How will the court know I'm opposing the application then? Or will it have to have a hearing regardless?

[stark13]

And also isn't there anyway I can file my response with the court, some kind of application notice? I want their application for summary judgment to be struck out before any kind of hearing.

[des8]

You send your response to the court and the court will decide whether or not the application requires a hearing

[stark13]

I'm really sorry but I'm still confused. I just email the court my response to the application notice? I don't have to fill out an official form or anything?

[des8]

Send it with a covering letter ... i don't know of any special form

[stark13]

Can i not file an application notice to get their application for summary judgement struck out?

[des8]

They have made an application to which you have responded and the judge will decide.
If you file a counter application (at cost £255) with the same evidence as in your response the judge will still make the decision.
Why would you needlessly spend £255?

[stark13]

Thats true. Sorry one last question. Can I also file an application for summary judgment in my favour due to abuse of process? Or can I put this in my witness statement aswell?

[des8]

The fact they " ignored several points in [your] particulars of claim" is not an abuse of process.

It actually works to your advantage if the defendant has not answered all the points raised in your particulars of claim, as it will be assumed that they admit them.

[stark13]

Well they haven't ignored several points. It's more like they are trying to make points about there being no case when there is one and it's clearly stated in the particulars. I feel like they are trying their luck to see if they can get it struck out before trial. Isnt this an abuse of process?