Defence not in accordance with CPR

[des8]

I'd like to hear other beagles advice about next steps.

It's a small claim case.
Claim was served on Defendant who has filed his defence as " all allegations denied".
This obviously is not a defence CPR 16.5 (2)(a).
Should claimant 1) file reply to defence pointing this out & invite court to dismiss case?
2)apply for strike out?
3)ignore and hope court strike out on own initiative or wait until it goes to hearing?
4)other options?
What do others suggest as best way forward?

[FlamingParrot]

Re: Defence not in accordance with CPR

I'd like to hear other beagles advice about next steps.

It's a small claim case.
Claim was served on Defendant who has filed his defence as " all allegations denied".
This obviously is not a defence CPR 16.5 (2)(a).
Should claimant 1) file reply to defence pointing this out & invite court to dismiss case?
2)apply for strike out?
3)ignore and hope court strike out on own initiative or wait until it goes to hearing?
4)other options?
What do others suggest as best way forward?

5) Apply for summary judgment

Grounds for summary judgment

24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
(a) it considers that –
(i) that claimant has no real prospect of succeeding on the claim or issue; or
(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial

I should think 24.2(ii) would apply here, no real prospect of defending on those basis.

[mystery1]

Re: Defence not in accordance with CPR

I would ask them to replead and warn them if they don't that you'll apply for summary judgement. This does 2 things. 1. makes you look reasonable. 2. gives the court time to strike out the defence on it's own motion.

M1

[dan_1207]

Re: Defence not in accordance with CPR

It depends entirely on what your claim is for, which court it's with, and what stage the litigation is at.

If you're both unrepresented (by lawyers) then a judge is less likely to grant the application, and more likely to be a little more lenient, perhaps allowing a further defence.

mystery1's suggestion seems sensible.

[des8]

Re: Defence not in accordance with CPR

Thanks for suggestions.
Claimant is Sole Trader (not me!)
Defendant a Ltd Company.

Filed and served Directions Questionnaire, together with a letter to defendant (copy to court) suggesting that as the defence does not comply with
CPR 16.5 (2) (a) they might consider applying to court for permission to replead, and a warning that failure to do so may result in an application for summary judgement as per CPR 3.4(2)(a)

[des8]

Re: Defence not in accordance with CPR

Update
Claim settled at mediation for 75% of amount claimed, as it removed stress and allows him to concentrate on business.