How to apply for strike out?

[orfoster]

If a Court has ordered compliance of witness statements and evidence for a date and time and the other side politely remind the Claimant of the deadline and then don't comply what is the process to ask the Court to strike out their defence?

It's a claim against Shop Direct...I knew they wouldn't comply with the Deadline as were looking to settle on Thursday late evening and the deadline to comply was Friday at 4pm to serve on me or the Court the bundle, I've complied with mine.

What is the fee for asking the Court for the same?

[atticus]

CPR rule 32.10:

32.10

If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

Might you not do better to go to the hearing and simply say that the Claimant cannot prove its claim?

[orfoster]

Amazing thanks, in the meantime they settled the claim for irresponsible lending in full.

But are asking I withdraw while they sort it out in 6 weeks, my view is I need an Order or something similar before I withdraw anything?

[atticus]

If your claim has been settled in full why do you want to take it any further? You may know the information you have not posted, but we do not.

[orfoster]

No my apologies, it settled in between posts. I’m don’t want to take it further.

Apologies I also misstated- it hasn’t settled in full it’s £400 under what I asked for.

But yes between me asking about how to get the order in my first post they emailed settling which is fine.

[atticus]

I still do not understand what you now seek to achieve if you have agreed a settlement of your claim. Why not simply inform the court that the case has been settled?

[orfoster]

Evening,

I will do, but surely I don’t tell the court it’s settled until they’ve paid and removed adverse info?

[atticus]

Or you could ask your defendant to agree a consent order recording the full agreed terms, which you can then enforce if any of them are not complied with.