Defendants' barrister refused a strike out and an unless order by judge

[brinthegrin]

At the last CCMC the defendants' barrister asked for my claim to be struck out but the Deputy Master ordered the Claimant (me) to file an amended Particulars of Claim by a certain date instead. The barrister then requested an unless order if I didn't do this, which again the Deputy Master refused. My claim has now been passed to the London County Court with a new claim number, along with both mine and the defendants' amended particulars and defence. Does this mean that it will be heard by a different judge (I assume it will be), if so will there be notes on the file regarding the refusal of striking my case out and no unless order? The reason I'm asking is because today I have received a letter from the defendants' solicitor stating that they intend to apply to strike out my case and seek a costs order against me unless I agree to withdraw my claim against them. They say if I withdraw my claim they will not seek a personal costs order against me. The last court order I received from the court stated that both parties should agree to mediation or other ADR (which I have agreed to throughout) and if it's not attempted costs consequences may follow. Then today I receive the letter saying they will not enter into mediation because they are applying to get it struck out. Any ideas where I stand on this?

[pt2537]

Long story short, No not really.

Its very difficult to advice on a case when we have 10 lines of text and that largely fails to set out what case you are dealing with. Can you perhaps let us have some more detail on the case, what the issues are, why they claim they are going to apply to strike out etc, then we may be able to help

[brinthegrin]

Sorry, I didn't want to over do it with too much info! It is a civil case that ii'm making claim against my grandad's estate, probate has been granted but the will is a forgery, estate hasn't been distributed. My previous no win no fee solicitor made a huge mistake which resulted in the caveat being removed and £5000 costs awarded against me, which I paid after getting visits from a Court enforcement agent. My solicitor then advised me to make a probate claim and dropped me as their client! There is another CCMC in December. When I received the General Form of Judgement or Order saying that ADR/mediation is strongly advised I contacted the other parties solicitor explaining I'm happy to enter into ADR they came back with the fact that they are going to ask the court to strike it out so mediation isn't applicable to them. On the order it says that because this direction was done without a hearing both parties have the right to apply to the court for it to be varied, stayed or struck out but it has to be done within 7 days of service, it's way past that now so I'm not sure what to do.