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Next steps following General Form of Judgment or Order - Please help

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  • Next steps following General Form of Judgment or Order - Please help

    Hello, really hope someone can point me in the right direction.

    I am a claimant (litigant in person) and have had a small claim going on for what seems like eternity. After a dispute resolution hearing with a district judge, I was sent a General form of judgment or order requesting that I send further information to the court and the defendant within two months which I did. The defendant was given another month to obtain further evidence to substantiate their defence and send it to the court and myself, the calendar month ended last week and I have not received anything.
    The order explained that failure to supply the information could result in the case being struck out or sanctions imposed.

    I have telephoned the court and they have not received anything from the defendant but said they have a 3 - 4 week back log.

    So, am I supposed to do anything? Or, will the court deal with it and notify me?

    The hearing has been set for August so I am mindful of having to pay the fee in July. I’m finding it really difficult to deal with the time delay with the court at present as I’m terrified of missing a date or deadline.

    Thank you for reading.


    Tags: None

  • #2
    Write to the court that you have not been served per the order and ask for summary judgement pursuant to CPR 24.2 on the grounds 'that defendant has no real prospect of successfully defending the claim.'

    If by the time the court works through their backlog they get to your letter and the defendants documents were in the backlog they'll do nothing, but if they haven't found anything they should put your letter with case file in front of a judge for directions.

    Don't worry about the fee, if you pay it and they get to your letter afterwards the fee will be included in the amount adjudged if summary judgement is granted.

    And if it is not, you'll be having a hearing, so it needs to have been paid.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3

      Thank you so much for replying, I’m really grateful.

      Do I need to send a copy to the defendant’s solicitor?

      Comment


      • #4
        Originally posted by Outofdepth View Post
        Thank you so much for replying, I’m really grateful.

        Do I need to send a copy to the defendant’s solicitor?
        Yes, it's good practice to serve on them when you file anything with the court.

        Be prepared that it might have been an admin oversight on the part of the solicitor and they may make an application to the court to vary the order if so, although they'll have to give good reason and it may not be varied.

        If they do come back because there are various outcomes that can be discussed and what you can do in response to them.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Originally posted by jaguarsuk View Post

          Yes, it's good practice to serve on them when you file anything with the court.

          Be prepared that it might have been an admin oversight on the part of the solicitor and they may make an application to the court to vary the order if so, although they'll have to give good reason and it may not be varied.

          If they do come back because there are various outcomes that can be discussed and what you can do in response to them.

          Brilliant, thank you!

          Comment


          • #6
            Can you please post the exact wording of the part of the order that says that failure to supply the information could result in the case being struck out or sanctions imposed.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              Can you please post the exact wording of the part of the order that says that failure to supply the information could result in the case being struck out or sanctions imposed.
              Warning: you must comply with the terms imposed upon you by this order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires.

              Comment


              • #8
                In that case, it will be necessary to assess the strength of your case and the other party's case on the information and evidence so far filed. It will be necessary to consider whether the other party's case stands up on this basis.

                It may be appropriate to apply to strike out or for summary judgment, or a better decision may be to proceed to trial.

                If you make any application, you will need to file an application notice with supporting statement, and pay the application fee. A letter will not be accepted.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Originally posted by atticus View Post
                  In that case, it will be necessary to assess the strength of your case and the other party's case on the information and evidence so far filed. It will be necessary to consider whether the other party's case stands up on this basis.

                  It may be appropriate to apply to strike out or for summary judgment, or a better decision may be to proceed to trial.

                  If you make any application, you will need to file an application notice with supporting statement, and pay the application fee. A letter will not be accepted.
                  Thank you

                  The judge during the dispute resolution hearing said that my evidence was excellent and that the defendant hadn’t provided any factual evidence to support their defence.

                  Comment


                  • #10
                    Fine; we here have not had the advantage of seeing the statements of case or the evidence.

                    And do not let what one judge has said make you complacent when it comes to preparing and presenting your case.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      Fine; we here have not had the advantage of seeing the statements of case or the evidence.

                      And do not let what one judge has said make you complacent when it comes to preparing and presenting your case.
                      Sensible advice, thank you

                      Comment


                      • #12
                        Post deleted as the question had already been answered.
                        Last edited by Outofdepth; 22nd June 2022, 12:02:PM.

                        Comment

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