Application to vary a strike-out order

[Exasperated]

Hello,

I have initiated court proceedings against two defendants. I have just received a court order striking out one of the defendants for the reason that the claim form gives no reasonable claim against them. I disagree with this and would like to apply to vary that order - to reinstate the second defendant.

What is the process for this? Do I just write to the court setting out my reasons or do I need to file a specific application, in which case which form should I use and does it attract a fee?

Thanks!

Ex

[dan_1207]

Re: Application to vary a strike-out order

Was there a hearing for the application to strike out? It's incredibly rare for it to be dealt with on the papers, and the evidence will have had to have been very overwhelming.

Otherwise, an application using Form N244 should be used and a fee of £155 paid (unless you are entitled to a remission) with an accompanying witness statement explaining why you feel the 2nd D should have been unsuccessful.

[Exasperated]

Re: Application to vary a strike-out order

Hello,

Thanks for the response. No there wasn't a hearing. The order was made "by the Court of its own initiative under CPR 3.3" because "the Claim form discloses no reasonable grounds for bringing a claim against the second defendant". This was surprising because the claim form specifically mentions both defendants and the details of claim lays out the case against both.
I filed an application using form N244 so lets see what happens!

Ex

[dan_1207]

Re: Application to vary a strike-out order

Then the judge must think the claim is hopeless (at least against D1)