John Long

[John Long]

Hi I’m new to this site but looking forward to using it.

[John Long]

I’ve been supporting my brother in a litigation claim and the Defendant solicitors have waited for nearly a year until they asked for a 28 day extension to submit their response. Shortly before it was due they submitted an N244 application for strike out. The Solicitors Witness Statement is incorrect and leaves out much of the factual evidence presented 8n the Claim Form N1. Do I have to wait to get a hearing date for the application or can I c(Ellen get it beforehand 9n the basis this has been concocted by the Defendant? If so what form does the response take. A court form (if so what number) or simply a letter to the court outlining my concerns.

thanks

john

[Pezza54]

Civil Procedure Rules Part 23A 7.2 states the respondent is to file evidence as soon as possible. No particular response form is mentioned. Send the letter/document to the named county court if the claim has been allocated. You should include a signed statement of truth.

[Pezza54]

I have been told that the court process on the small claims track is now 9-12 months. As the date for the final hearing has not been set the defendant is within time to make an application.

[Pezza54]

Please read the article "strike-out-applications" at hallellis.co.uk
In particular the last two sentences recommending applications be made early in proceedings.

[atticus]

Anyone embarking on civil litigation and representing him/herself should read the Judiciary's handbook for litigants in person. I have included a link in my signature.

Can the OP please clarify the garbled text in post #2.