Error on submitted N244

[Dazed.com]

I recently made an urgent N244 application. One of the requests I made I am now doubting I should have requested it and I want to retract it until I have further legal advice. What can I do about it now that it has been submitted? I don't want to have to pay another fee to reissue another N244. Is this something I can say to the judge at a hearing that I have changed my mind about it and want to retract my request or can I ask to just correct the N244? I am really unsure from a legal position whether I should make the request or not. What if I retract it and then realise I was doing the right thing in the first application?

Thank you in advance.

[Pezza54]

Is this a question on the case referred to in your other thread? Did the court accept your defence after it was filed late?
More info required about your application
Would your defence be harmed if you let your application stand as it is?

If the other party objects to your application they may file a witness statement citing the objections and submitting evidence

It would just look strange if the appellant filed a witness statement objecting to their application

[Dazed.com]

Hi Pezza54. Yes my defence was accepted and it is about the same case.

I had to ask for an extension so submitted an N244. I also requested in the application a transfer to the Tribunal as they deal with the issues I have raised in my defence.

However I am not sure which is the best way forwards - County Court or Tribunal?

Whilst it has been in the County Court the Claimants solicitors have acted unreasonably. They have also failed to comply with unless orders by not providing information that they were ordered to and not filing their Papers with Court correctly until months after they should have. They have also not provided evidence to me that they should have supplied and they have held back information. The unless orders stated their claim would stand struck out, yet the claim has continued despite them not adhering to the orders. Whether the judge was going to address this at the Civil hearing, I don't know. Is there something I should have done that I am not aware of? What I mean is how/when do I raise issue with this? Also can both Courts look at breach of contract?


In my submitted defence, I did suggest if they would transfer it to the tribunal if they were not going to strike out the claimants case, due to the claimant not complying with unless orders, however they decided to allocate the hearing to the County Court. I obviously can't assume that it means they are going to strike out their case though. If it was transferred to a Tribunal would a Tribunal consider the claimants bad behaviour and non-compliance with court orders in the County Court?


So my concern is if I have it transferred to the Tribunal, then the issues of them being non- compliant with unless orders may not be brought to light as it would be a different court. Even keeping it in the County Court, if I were to continue to go down that route, they may not be sanctioned. The opportunity of their claim being struck out, potentially with prejudice, may be lost.


I don't know how the court system works so I don't know if a Tribunal Judge would look at whether the Claimant complied with orders in the county court or not. Do you know the answer to this?

If it is better in the Civil Court what can I do now as I have already submitted the N244, how can I get this changed if that is the correct route to go down?


I don't know if I can ask to retract my request now for a transfer to tribunal and then try and get some further legal advice. Then if I need to, ask for a transfer to the Tribunal afterwards, if that is what is advised. Or leave it in the application and at a later date, if needs be, say I have changed my mind. I don’t know how flexible the courts are or if I would end up with sanctions.

[Dazed.com]

Hello

Is anyone able to help me with my last post?

I have also just been reading on the forum about CPR 31.14 requests. I didn't know that all of this needed to be done prior to being allocated to a track. I made requests for information directly to claimant but didn't use the template letter nor the legal statements within it. They still didn't provide all of the requested information any way. How do I get them to disclose the information I need now when defence has already been provided and it's been allocated to a track. Is it now too late?