Received N244 - but it's not sealed...

[bottomburp]

Hi, we've recently issued a CPR Part 8 claim. The Defendant has acknowledged service and applied for an extension of time to provide her evidence in response to our claim.

Instead of filing a defence she has served an N244 - Application to Strike Out.

This was sent out by her solicitors and not been sealed by the court. Does this mean it is invalid?

[Amethyst]

Re: Received N244 - but it's not sealed...

Nope its usual for solicitors to send unsealed copy to claimant/defendant as well as submitting to the court - polite protocols etc. I'd give it a couple days and call the court and see if it has been submitted to the court. I Wouldnt respond to it till you have confirmation it has been entered.

what is the strike out application based on ?

[bottomburp]

Re: Received N244 - but it's not sealed...

Apparently they submitted 3 copies to the court in mid September (excuse me for being a bit non-specific but let's just say between 15-20th).

There has since been a hearing (as that had already been scheduled when she applied for more time to file her evidence).

We have STILL not received the stamped copy from the court... though have been ordered to respond to it...

The strike out is on the grounds that THEY say it shouldn't be heard because THEY say we haven't got any chance of winning (though they don't put any evidence...) and it's an abuse of process. THEY always make these types of assertions "it happened because that's what we say happened...". It's a long-running saga.