Strike Out Application

[AndersL]

Hi all,

I've just signed up with a view to asking about a possession claim I have made.

A defence and counterclaim have been submitted, two hearings taken place and the case has been put on fast track.

The court ordered the defence to submit a Schedule Of Loss with a deadline over a week ago, which they have not done. I would like to know if I could apply for the counterclaim to be struck out on the basis of Rule 3.4(c) that there has been a failure to comply with a rule, practice direction or court order ?

If this is possible and advisable, can I still continue with my initial claim or would the whole case be struck out?

I had a bit of a search, but couldn't find an existing post which answers this. Where is best place to post this query? Any advice much appreciated,

Anders

[jaguarsuk]

If a party applies to strike out a counter claim the claim still survives and vice versa, unless both parties are successful in applying to strike out each others or the court of it's own volition strikes it out.

[AndersL]

Thanks very much JAGUARSUK.

I received a letter from the defence stating they do not intend to rely on a schedule of loss, 10 days after the deadline set by the court. This letter was received only by myself and not by the court.

I spoke to the court and they said they knew of no reason why the Schedule Of Loss had not been served.

Do you think it would be pertinent of me to make a Strike Out Application?
Do you know which form this application has to be made on?

Thanks again in advance.

[jaguarsuk]

You could apply on form n244, however you have to be aware that firstly the court may instead serve an unless order, which as you have the schedule will be easy for them to comply with and any application runs a risk of costs being awarded against you if unsuccessful.