Defence strike out

[Cpt Morgan]

Hi, Can anyone advise on the process to request that the court strikes out a defence on the basis they have stated I am claiming against a company called XXX Ltd, when I am not. All of the paper work clearly states I am claiming against XXX not XXX Ltd, yet the defence states otherwise which is factually incorrect.

What should I do to contest this?

Many thanks.

[atticus]

is that the only ground of defence?

[Cpt Morgan]

is that the only ground of defence?

Yes, they are claiming my contract was with a different company. It was an implied contract i.e. no written contract. They sent i.e. payment applications to me and I have voice mails of them asking for payment stating the company name XXX, yet they are stating my contract was with YYY.

[Cpt Morgan]

If I contest this would it be via an N244 application

[atticus]

In that case I would consider applying for summary judgement rather than a strike out.

[atticus]

And yes, the application is made using that form. Make sure that you read and fully understand the requirements of CPR Part 24 and Practice Direction 24.

[Cpt Morgan]

And yes, the application is made using that form. Make sure that you read and fully understand the requirements of CPR Part 24 and Practice Direction 24.

Hi, so I can still apply for a summary judgement even though they have submitted a defence and as a result a bar is in place?

[atticus]

Read CPR24. Summary judgement is not default judgement. It is judgement on the ground that the pleaded defence has no realistic prospect of success.

[Cpt Morgan]

Read CPR24. Summary judgement is not default judgement. It is judgement on the ground that the pleaded defence has no realistic prospect of success.

Hi yeah I did read CPR24 and have made applications accordingly, so thank you for this.

Can I also use an N244 to request further documents to support my case, that the defendant hasn't yet disclosed for obvious reasons, because disclosure will harm/trash their case.

[Cpt Morgan]

Hi yeah I did read CPR24 and have made applications accordingly, so thank you for this.

Can I also use an N244 to request further documents to support my case, that the defendant hasn't yet disclosed for obvious reasons, because disclosure will harm/trash their case.

This is off the back of my prior N244 being unsuccessful (hopefully not) re further details that have just come to light so wanted to ask.

Really appreciate your replies and support.

[atticus]

If you are applying for judgement against the defendant, why on earth would you also seek orders for disclosure of documents?

[Cpt Morgan]

If you are applying for judgement against the defendant, why on earth would you also seek orders for disclosure of documents?

Because I have little faith in the courts abilities to make the correct decisions as they should, given 5 previous failures to provide judgement despite absolute evidence, i.e. black and white print (signed) that Manchester judges have ignored, so I am covering my back. If they mess it up 'again', I can at least request that they ensure further document disclosure is provided. I know this may be hard to believe, but I have received financial compensation from the courts twice now because of continual court admin mistakes related to the same case, and incorrect court orders/directions which has quite frankly become farcical. Latest mistake was the court failing to ask for documents to be filed and served, it doesn't get more basic than that, truly making a joke of the service they offer. I have subsequently asked for the slip rule to be applied so they can correct this new mistake in a long line of previous errors, and their reply is that they won't be able to address the issue before the hearing, despite being advised of their mistake over a month ago. Truly ridiculous, given I am trying to help by saving the courts time and admin because they will likely need to re-arrange the hearing yet again, because the expected documentation won't be present to enable to hearing to go ahead. You couldn't make this up.

[atticus]

If you request further disclosure, it will surely suggest that you have insufficient faith in your application for summary judgement.

That is certainly what I would argue if representing the other party.

[Cpt Morgan]

If you request further disclosure, it will surely suggest that you have insufficient faith in your application for summary judgement.

That is certainly what I would argue if representing the other party.

Fair enough, I guess my 'lack of faith' as stated is in the previously extremely flawed judgements given to date and remains my reason, so I guess I will see how this is argued. The N244 is pretty conclusive so I would happily argue my point.

As a side point, how much notice is required re turning up with legal representation. Does the claimant and or the defendant need to advise the 'other party' in advance, or can you simply turn up with legal representation without notice to your opponent?

[atticus]

No notice required