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So guys/gals, help me out…
I had a telephone conference hearing to attend, for a strike put application in a Small Claim.
The defendant’s solicitors dropped the ball big time by failing to arrange for a teleconferencing service to call me at the time of the hearing (via one of four teleconferencing companies they were directed to in the hearing notice) – they put their hands up and said they made a mistake – they thought the COURTS would arrange this, despite the gearing directions stating explicitly I was to forward them my contact number an they were to arrange this (which I did). Hearing was adjourned. I was meant to have an application for default judgement heard immediately after the strike out application as the other side didn’t file a defence in time – or ever, for that matter.
So Springer Spaniel has been helping me and suggested I now ask for a summary judgement hearing. Only I have not ben able to get hold of her for a few days now.
So this is what CPR Rules I’m using in my request for Summary Judgement, what do you think?
“What order are you asking the Court to make and why?
***Summary Judgment in favour of the Plaintiff
-under CPR Rule 24.2:
(a) (ii) The 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.
-and under CPR rule 3.4: (2) The court may strike out(GL) a statement of case if it appears to the court –
(2) (c) that there has been a failure to comply with a rule, practice direction or court order.
-and under CPR rule 1.4.
***Awarding of costs under CPR Rule 3.4: (3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.”
I had a telephone conference hearing to attend, for a strike put application in a Small Claim.
The defendant’s solicitors dropped the ball big time by failing to arrange for a teleconferencing service to call me at the time of the hearing (via one of four teleconferencing companies they were directed to in the hearing notice) – they put their hands up and said they made a mistake – they thought the COURTS would arrange this, despite the gearing directions stating explicitly I was to forward them my contact number an they were to arrange this (which I did). Hearing was adjourned. I was meant to have an application for default judgement heard immediately after the strike out application as the other side didn’t file a defence in time – or ever, for that matter.
So Springer Spaniel has been helping me and suggested I now ask for a summary judgement hearing. Only I have not ben able to get hold of her for a few days now.
So this is what CPR Rules I’m using in my request for Summary Judgement, what do you think?
“What order are you asking the Court to make and why?
***Summary Judgment in favour of the Plaintiff
-under CPR Rule 24.2:
(a) (ii) The 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.
-and under CPR rule 3.4: (2) The court may strike out(GL) a statement of case if it appears to the court –
(2) (c) that there has been a failure to comply with a rule, practice direction or court order.
-and under CPR rule 1.4.
***Awarding of costs under CPR Rule 3.4: (3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.”
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