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

[Outofdepth]

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.

[jaguarsuk]

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.

[Outofdepth]

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

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

[jaguarsuk]

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.

[Outofdepth]

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!

[atticus]

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.

[Outofdepth]

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.

[atticus]

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.

[Outofdepth]

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.

[atticus]

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.

[Outofdepth]

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

[Outofdepth]

Post deleted as the question had already been answered.