Summary judgment in default

[deband1980]

Hi,

The Defendants in my case failed to provide a defence to my particulars, so I requested judgment in default because no defence was filed.

Previous to this the Defendant made an application to strike my claim out, but withdrew their application a week before they failed to produce a defence.

Now heres whats baffling, the judge in the case has awarded the Defendants and has struck my claim out.

This despite knowing their application had been withdrawn and me applying for judgment in default.

Any advise would be greatly appreciated. Thanks

[Amethyst]

If this was your claim against the Secretary of State regarding PIP and UC it may be that you should have brought it as a Judicial Review as opposed to a claim for damages under part 7 in the county court.

When you say they withdrew their application, I believe they could only withdraw the application with the permission of the court - see https://www.justice.gov.uk/courts/pr...rt_29#IDABPVKC - so was the withdrawal actually a request to the court for permission to withdraw ?

Your claim has been struck out - has a reason been given? what does the order say ? Might give you an idea where to go with this.

[deband1980]

The judgment stating that on considering the Defendants letter dated 02nd July, the claim be struck out.

However on the 21st June 2018, the Defendants wrote to me and the Court and said the information in respect of that letter and in particular me not serving a particulars of claim were incorrect and apologised for misrepresenting that fact, and stated they no longer wished to continue with their application.

They only conceaded and admitted that their application was wrong after I provided them and the Court with evidence from the PO that they would have been in receipt of the particulars of claim, but for this they would have continued with their application.

[deband1980]

Whilst I do not want to complicate matters, despite DWP having my case thrown out, a week after being giving judgment and the High Court striking my claim out, they transferred the same proceedings to the County Court in London.

And they are now asking the County Court to strike my claim again, this despite all ready being granted that order?

[deband1980]

Those legally representing the Secretary of State for Work and Pension may have again giving a false misrepresentation if todays events are anything to go by.

As I have indicated and despite having my claim thrown out at the High Court, which is now subject to proceeding under HRA 1998, after that judgment the proceedings were transferred to the County Court.

That in itself seems rather odd because why and after a party had in theory been giv/ing judgment, (a) want proceedings moved from the same Court that had just granted them judgment and (b) make that same application in a lower Court ( County Court )

Something is amiss and the only motivation that I can think of is that if I do eventually win the case, the damages and the exemplary damages if awarded would be less in a County as oppssed to those that could be giving within the High Court, I honestly don't know.

Because of the above, those legally representing the other side stated that they had now made an application to the County Court to strike out my claim.

That Hearing was this morning and I was duly giving in advance a legal bill of costs from the other party which in total amounted to £1O,664.76, by email and by post for good measure.

They made it quite clear that this bill of costs was for their application to have the my claim struck out.

Prior to attending the hearing I telephone the Court service who would have all the details of the case and I asked for confirmation that this mornings hearing was for the Secretary of State for Work and Pensions to have my claim struck out was a legitimate application, this based on my previous experiences with the other side who to date have just made the rules up when it suits them.

I was informed that there could be no application for my claim to be struck out because a CJ had ordered that this application be listed for 12th March 2019, and todays hearing be vacated, this order was made on the 15th September 2018, I have a copy of the order.

The advisor said that any application to have the claim struck out would be at complete odds with what the CJ had ordered.and todays hearing was for ccmc?

Yet again those representing the Secretary of State for Work and Pensions have engineered yet another blatant misrepresentation and continue to abuse the rules and procedures and on this occasion have alleged Court orders for them to strike my claim out send a bill for 10k plus in the process.

Any help on this would be appreciated as I believe that I am being subject to an injustice of the very highest order by those representing the Government, the Treasury and their legal department.

[deband1980]

Any help would be appreciated. Thanks

[Amethyst]

Do you have the order from the High Court striking out your claim?

Also this order may be useful

I was informed that there could be no application for my claim to be struck out because a CJ had ordered that this application be listed for 12th March 2019, and todays hearing be vacated, this order was made on the 15th September 2018, I have a copy of the order.

Also did they send you a copy of their application ? ( the one which is listed for hearing March 2019 )

You made a claim in High Court as case under HRA.
They applied to strike as you hadn't served the Particulars of Claim
They then withdraw application as they found you HAD served the Particulars of Claim
You applied for default judgment ( presumably not awarded as barred due to applications)
The HC transferred the case to the CC
They applied to strike out again ( not sure on what grounds ) and hearing of that application is in March ( after being delayed from 6th )
They've submitted costs schedule of £10k + for the hearing.

[deband1980]

Thanks for your reply it is appreciated.

Yes I do have the order from the High Court striking my claim out.
The HRA action is in respect of my case being thrown out of the High Court
yes I did receive their notice to strike out and the court sealed the application and listed it for 8th Novenber 2018.
The CJ overruled, on 5th Sept 2018, ordered strike out application to 13th September, Court and the other party were aware of this.
They withdrew application to strike out in High Court because I proved a POC was served and received. (evidence from PO established this)
I have never been giving notice of the case being transferred from High Court.
Applied for summary judgment as no defence was giving and on the provision that their application to strike out had been withdrawn, this was confirmed in a detailed letter to the court and to me, which beggars the question why did the High Consider that strike out application.
They applied to strike out on the grounds that there is no reasonable chance of me succeeding in County Court, this and despite never providing a defence to my POC.
And yes they did submit to the Court and me a costs schedule for £10k +

[Amethyst]

So your claim in the high court was struck out ( despite the defendant withdrawing their application ) - it's still struck out and hasn't been reinstated.

You then brought a new claim in the high court under the Human Rights Act because your claim had been struck out - and it's that claim which now has been moved to county court and the defendant has made an application to strike it out being heard in March 2019 ?

So the only claim you have live at the moment is against the Defendant of the original claim for the High Court breaching your human rights by striking out the claim?

[deband1980]

That is correct the claim in the High Court was struck out, despite the defendants withdrawing that application and it has not been reinstated.

But for that application being considered when it should not have been in the High Court, I would assume summary judgment would have been entered.

The HR proceedings is live and it is in respect of my claim being thrown out of High Court. Article 6

The County Court proceedings are as a result of the Defendants transferring the proceedings and despite having the claim struck out in the High Court, they now want the County Court to do the same, very odd.

[Amethyst]

Can you post your particulars of claim of the claim that's live pls. The defendants didn't transfer it the court did and you are currently at risk of those costs being awarded against you. Have you sought any advice from anywhere to get to this point ?

[deband1980]

There is no evidence to suggest the Court transferred proceedings and if that was the case, they have failed to abide CPR 30 on this occasion.

Surely if a party has won a case in the High Court as the evidence shows, there would be no logic in transferring to a lower court and there most certainly would not be a need to make the very same application (strike out ) again.

Add to this that I put into appeal the High Court ruling, more reason I assume for the matter could not be transferred.

Yes I can provide you with the POC, if its ok with you can I email it direct to you? Thank you

[deband1980]

Any advice would be appreciated.