Lifting a Stay in Small Claims Court

[oldbloke2013]

Hi, this is my first day but I may have an interesting court case coming up - I am going to have to be a bit mysterious about it for the moment but I am very excited about it! If I win, I will definitely tell all!


First, I need to apply to have a Stay lifted in the County Court (small claims)


The Judge stayed the case as the Defendant asked to await the outcome of another case which could provide further clarification of some points relating to my claim.


That case has now ended and, as it turns out, I think actually makes everything even more clearly in my favour.


One of the conditions of applying the stay was that the Defendant had to submit their detailed defence (which their solicitor did) and based on my original claim, that defence and the outcome of the other case, I think it's now pretty open and shut for my claim. However, I have received a letter stating that their solicitor has now changed


So I want to apply to have the stayed case resumed but also check on a few things:


Do I just fill in a Form N244 Application and send it to court and defendant? or is there another Form?

Is there a fee to pay?

As their solicitor has now changed, can they say that things in their detailed defence are wrong (saying their old solicitor was wrong - or saying that their new solicitor should be able to submit their own defence) and ask for permission to submit a new one or will they have to stick with it and only use that plus anything from the 'other case'?

Thanks

[enquirer]

Re: Lifting a Stay in Small Claims Court

Do I just fill in a Form N244 Application and send it to court and defendant? or is there another Form? Is there a fee to pay?

Ring the court. They won't give legal advice, but they will advise with regard to what forms to use and applicable fees.

As their solicitor has now changed, can they say that things in their detailed defence are wrong (saying their old solicitor was wrong - or saying that their new solicitor should be able to submit their own defence) and ask for permission to submit a new one or will they have to stick with it and only use that plus anything from the 'other case'?

They can make further submissions, but that would only cause more delay. It would also annoy the court and increase costs. Simply wait and see what they do, if anything.