Failure to submit Particulars of Claim

[RosSharp]

Hi,
I am wanting some advice please about trying to get a SCC case struck out (if that is the correct wording) because the Particulars of Claim have not been received within the 14 days that the Court advise that they should have been received by.
Can I just write to the court asking for them to consider the case is cancelled/struck out?
What are the chances of this happening?
Many thanks.

[SpringerSpaniel]

Re: Failure to submit Particulars of Claim

You need to make an Interim Application.

The grounds for stike out are that the Claimant (s) has not disclosed an arguable case to put before the court.

Ask for costs of the Interim Application from the Claimant, and costs of the hearing, if any.

[RosSharp]

Re: Failure to submit Particulars of Claim

Thanks SpringerSpaniel.

Only the first Claim Form received so far and this was now received 4 weeks ago. Particulars of Claim were to follow, with the Court's paperwork advising these should be received within 14 days of Claim Form.

[QCKate]

Re: Failure to submit Particulars of Claim

Thanks SpringerSpaniel.

Only the first Claim Form received so far and this was now received 4 weeks ago. Particulars of Claim were to follow, with the Court's paperwork advising these should be received within 14 days of Claim Form.

You should definitely write to Court requesting the claim be struck out on the grounds that no Particulars of Claim have been served as required by the Civil Procedure Rules and as ordered by the Court.

As Springer says you should ask for costs of the hearing, if any.

Who is the Claimant? It sounds as though this was a try on.

QCK

[RosSharp]

Re: Failure to submit Particulars of Claim

Thank you QCKate. Would love to give details, but not sure on a public thread!
I am constantly receiving aggrevation of one sort or another from the Claimant, and yes it probably is that this was just another form of harassment (one that the police will not take into account because it is court action!).

[SpringerSpaniel]

Re: Failure to submit Particulars of Claim

Do you raise with a Judge that the Claimant is a vexacious litigant ? If so you may wnat to seek a Grepe v Loam order

[seduraed]

Re: Failure to submit Particulars of Claim

these have now benn renamed Civil restraint orders
http://www.thelawyer.com/repeat-offence/113916.article
sorry dont know ow to make this into a link

[pepsie]

Re: Failure to submit Particulars of Claim

I am in the process of helping another with exactly the same problem, if you wish to send PM to me I can take you through this process and I agree an open forum may not be the place to give to much away at this stage.

Pepsie