Rights with regards to attending an application hearing for strike out?

[Paml]

Hi all,

I am taking an company on in the small Claims. As soon as I served them they applied for strike out on the reason (ridiculous. in my opinion) that I have no case.

The application hearing is set for a week I am out of the country.

I can ask to attend via telephone, but it is expensive, using Call Connect, BT etc, Does anyone know the rules for this? Are the Defendant, as the person who asked for this, responsible for arranging the call/paying those costs?

Thanks!

[jaguarsuk]

No the defendant would not be liable to pay the cost of the arrangement to attend via telephone.

You could write to the court and ask for the hearing to be adjourned until after you return from being out of the country, then you would be able to attend in person. Call the court and ask them if you send them an email requesting this whether they would be able to put your request before a judge in time?

If they say yes email the court with your request and then print a copy of the email to post to the defendants solicitor, so that they are aware and can have the clerk telephone the court to confirm it's adjournment if notice from the court does not arrive with them in time.

You do need to submit a written statement to the court regarding the application to strike out the claim, this should be a Witness Statements and you need to outline why you oppose the application along with why you believe the reason your application has "real prospect of succeeding on the claim."

In the last paragraph state "I respectfully request that summary judgement be entered against the Defendant pursuant to CPR24.2(ii) as if the defendant had any real prospect of successfully defending the claim they would have filed a defence and done so."

[Paml]

I am going to ask them to consider my witness statement in my absence at the hearing as I cannot attend.

Any advice on this? Hearing is next Wednesday, so I am trying to send everything before the weekend.

[jaguarsuk]

Notice needs to be given 7 days in advance to the court and the other side that you will not be able to attend a hearing, but you should be aware that if the other side attend it gives them a much greater advantage. And if they win you could be liable to hefty costs order as well as then not be able to pursue this ever again.

Adjournment until you can attend is your best option.

[Paml]

I've given 7 days notice.

The other side have made out I am to file any written submissions (i.e. witness statement) before the hearing also 7 days in advance.

Is this the case for an application hearing?

[jaguarsuk]

I've given 7 days notice.

The other side have made out I am to file any written submissions (i.e. witness statement) before the hearing also 7 days in advance.

Is this the case for an application hearing?

Yes unless you have ticked in section 10 that you only intend to reply on the evidence in the box below.