Defendent withdraws application for strike out what happens next to evidence?

[JinnyD]

Hi been fighting a strike out/summary judgement for over a year now, must have done something right as Defendant has now withdrawn the application.

What happens to the evidence they submitted for the application hearing?

Can I still use it for the trial?

Also several issues regarding false documents included in the Dfence and false statement of truths by the defendant, any advice on how to proceed with them?

Thank you

JinnyD

[stevemLS]

Re: Defendent withdraws application for strike out what happens next to evidence?

If the evidence has been filed and served as part of the Application then it is "in" the proceedings and can be used.

As to "false" statements of truth, I would worry more about the substantive proceedings. (Because you allege them to be false and proving that they are is an unnecessary distraction.)

[JinnyD]

Re: Defendent withdraws application for strike out what happens next to evidence?

Thank you that's a relief

False statements and false documents are admitted by Defendant.

They've wasted many months on this application and as I am a poorly bunny caused additional stress and anxiety, can I claim costs for it now? Or must I wait for the case to complete?

[stevemLS]

Re: Defendent withdraws application for strike out what happens next to evidence?

No, I expect costs will be "in the case" meaning not sorted until the substantive case is decided, sorry.

Obviously we have no idea what these proceedings related to so admissions as to false documents?

Is there an Order getting rid of the strike out application.

Stress and anxiety not usually recognised.

[JinnyD]

Re: Defendent withdraws application for strike out what happens next to evidence?

thanks

It's a discrimination case re a public body that handles complaints re other public authorities.

False documents and statements in this case are a serious issue because of who the defendant is.

No there isn't an order getting rid of strike out. I've just been sent a letter by the defendant telling the court they wish to withdraw the application. Will be checking with court if they have actually received the letter.

stress anxiety cause a deteriation in my health due to my disability so come under Injury to feelings and personal injury as part of the discrimination claim.

[judgemental24]

Re: Defendent withdraws application for strike out what happens next to evidence?

I have to ask, have you made the claim subject to the Human Rights Act 1998 as you state it is disability related? (Protected Characteristic)

I hate to ask this, is the defendant a public body or a glorified Quango on behalf of a public body such as Capita etc?

[JinnyD]

Re: Defendent withdraws application for strike out what happens next to evidence?

Re Human rights Act 1998, yes.

It's a public body.

[judgemental24]

Re: Defendent withdraws application for strike out what happens next to evidence?

Then i will not comment on your competence as you know exactly what you are doing with your response:tinysmile_twink_t2:

[stevemLS]

Re: Defendent withdraws application for strike out what happens next to evidence?

I'm imagining from post 5 that this is a claim against the Equalities and Human Rights Commission.