Opposing a strike out application

[CYNthesys]

Am I right in thinking that I need to prepare and file a witness statement (including evidence) to oppose a strike out application.

If there are 5 named defendants and the the application to strike out has only been made by one of them, do all the defendants need to be provided with a copy of the witness statement and evidence?

[CYNthesys]

Re: Opposing a strike out application

Help please can anyone answer my question?

[CYNthesys]

Re: Opposing a strike out application

Please please

Does anyone know the answer ?
my deadline for posting is today

[pt2537]

Re: Opposing a strike out application

yes, you do need to file a statement opposing,

this is what the lawtel precedent template says for a statement in opposition

1. [I am a [state occupation or, if none, description, e.g. housewife, retired …] [and the [claimant][defendant] in these proceedings][I am a director of the [claimant] [defendant] company and am authorised to make this statement on its behalf]. I make this witness statement in opposition to the [claimant’s] [defendant’s] application to strike out the [whole/part] of the [claim form/particulars of claim/defence/CPR Pt 20 claim/reply to defence].
2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where statements are not within my own knowledge, I have stated the source for any such matters of information or belief.
3. There is now produced and shown to me a bundle of documents marked “ABC1” (“the exhibit”). The exhibit contains copies [of the documents to which I refer in this witness statement]. If there is more than one exhibit, introduce each one prior to referring to it and describe the contents.
4. [In chronological order, list the facts on which the witness relies in opposing the application. The following facts may need to be addressed:
a) Explain why the respondent contests the grounds for striking out (which should be set out in the applicant’s evidence in Part C of the application notice or supporting witness statement).
b) If the application is being made pursuant to r.3.4(2(a) (the statement of case discloses no reasonable grounds for bringing or defending the claim) state why the respondent believes the statement of case does have a real prospect of succeeding. If it is the case that the claim/defence is valid at law but poorly pleaded, acknowledge this fact and state that an application for permission to amend the statement of case will be made, should this application be dismissed. Outline the facts giving rise to that claim or defence.
c) If the application is being made pursuant to r.3.4(2)(b) (the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings) explain why the applicant believes the isn’t vexatious, scurrilous or ill-founded. State that the respondent is prepared to amend the statement of case.
d) If the application is being made pursuant to r.3.4(2)(b) (the respondent has failed to comply with a rule, practice direction or court order), confirm whether the respondent believes there has been a failure to comply with a provision.
e) In the event that the court dismisses the application and makes a conditional order, confirm whether the respondent is able to comply with an order requiring him to make a payment into court. Exhibit financial information to support this statement, if appropriate.
5. I request the court to dismiss the application.
I believe that the facts stated in this witness statement are true.
Signed ________________________
Dated ________________________

[Guest]

Re: Opposing a strike out application

In order to oppose any order sought by the other side, you must file an Application Notice. Your application must specify the order that you are seeking at the hearing of the application and the reasons why. It must be supported by evidence, including a witness statement if this is appropriate and should have a draft form of order sought annexed to it at the time you file it.

Once filed, the application must be served on the parties against whom order is sought, thus in your case, only the party who sought to strike out your claim. However, since these are joint-defendants, you may wish to serve copies on all defendants.

[pt2537]

Re: Opposing a strike out application

In order to oppose any order sought by the other side, you must file an Application Notice. Your application must specify the order that you are seeking at the hearing of the application and the reasons why. It must be supported by evidence, including a witness statement if this is appropriate and should have a draft form of order sought annexed to it at the time you file it.

Once filed, the application must be served on the parties against whom order is sought, thus in your case, only the party who sought to strike out your claim. However, since these are joint-defendants, you may wish to serve copies on all defendants.

only if you are cross applying, if you are merely opposing then a statement in opposition is sufficient.

[CYNthesys]

Re: Opposing a strike out application

Thanks, much clearer now