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Case dismissed by court, claimant issue another case.

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  • Case dismissed by court, claimant issue another case.

    Iím a commercial landlord with tenant with expired lease for over 2 yrs. I offered my tenant a new lease 3 times and it was refused; I served section 25 and I was taken to court by the tenant. at the court hearing the case was stayed 3 months to be automatically dismissed if no new evidence from the tenant. Now without appealing the current case; the tenant has opened another case another a different case ref. When I brought this to the attention of the court, another court date was set which is after the dismissed date. What can I do? Iíve been representing myself as I canít afford legal representation while the tenant has lawyered up and has a son who is a lawyer. Amy help and advice will be appreciated
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  • #2
    Hi Tinytin

    Welcome to LB

    Sounds like an 'abuse of process'

    Can you provide more details of the initial case and the new case?

    Also, how did you inform the Court of the (potentially) 'abuse of process'?

    Comment


    • #3
      So i inherited a tenancy agreement which expired in 2021. I notified the tenant of what intention of providing a new lease which she ignored. at the end of the lease I tried asking her what she want to do she requested for the rent to remain the same since 2012 so I served her s.25. this was then taking to court with hearing in DEC 2023 and the judge stayed the case giving permission to the claimant to apply by 2nd of April 2024 for the stay be lifted and in default, the claim dismissed. however I received another court claim in Feb 2024 with different case ref from the court. I responded to the claim referring the judgement from the case in Dec 2023. I also wrote the following and sent it to court by email and hard copy in the post

      "I am writing to bring to your attention the recent developments in the aforementioned case.
      An order was issued by Deputy District judge........ at the .........County Court under case reference.........., which stipulates the following:

      1. The claim is stayed
      2. Permission is granted for the claimant to apply by the 2nd of April 2024 for the stay to be lifted, with default consequences of the claim being dismissed.

      It has come to my attention that the claimant has initiated proceedings under a different claim number,........., within the ........County Court. This action by the claimant constitutes:

      - Deliberate continuation of proceedings
      - Re-litigation of the dispute
      - Abuse of process

      In light of these circumstances, the claimant has disrespected the judgeís order and I respectfully await the courts decisions.

      Your prompt attention to this matter is greatly appreciated.

      Sincerely,

      Also the new court date is now carrying both case numbers and listed for a directions hearing. how is this possible when judgement is passed on a case?
      Last edited by Tinytin; 27th March 2024, 12:59:PM.

      Comment


      • #4
        In December 2023 Case 1 was stayed, to be dismissed if no application made to lift the stay by 2 April 2024. We have not yet got to that date (today is 27 March).

        Prior to 2.4.2024 a new claim was issued. Case 1 has not been dismissed, contrary to the impression given in the title of this thread and post no 1.

        Had application been made instead to lift the stay, you would not be asking your questions. I think a court may recognise this and allow the new action to continue. The timing of the new action, issued before 2.4.2024, is central to my thinking.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Ok, thank you. I expect an application for the stay to be lifted and not a new case to be issued because that is like trying the same case twice. Because if a judge has already heard the case, why list it for direction hearing? Itís really confusing and bugging me

          Comment

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