Hi I filed an amended POC with the court and have had no response from the defendent and am wondering what I can do next? On the courts order it stated that:
The defendant does by 4pm 23rd November 2012 either: (i) Issue an application to strike out and/or seek summary judgement against Claimant or (ii) file and serve an amended Defence and issue an application for a CMC.
1. Since they have not responded does this mean that there original defence would be used?
2. Does this mean I can file an application for summary judgement on the basis that defendant has no real prospect of successfully defending the claim?
3. Or could judgment by default apply as I have pretty much re-written my particulars of claim and they have not replied?
Any other ideas would be greatly appreciated. Thanks
The defendant does by 4pm 23rd November 2012 either: (i) Issue an application to strike out and/or seek summary judgement against Claimant or (ii) file and serve an amended Defence and issue an application for a CMC.
1. Since they have not responded does this mean that there original defence would be used?
2. Does this mean I can file an application for summary judgement on the basis that defendant has no real prospect of successfully defending the claim?
3. Or could judgment by default apply as I have pretty much re-written my particulars of claim and they have not replied?
Any other ideas would be greatly appreciated. Thanks
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