If my N244 strike out fails what is max legal costs respondant can charge for?

[LeamLady]

I want to submit a N244 Application to strike out a defence for abuse ref Without Predjudice rule, but not asking for summary judgment (just hoping judge gives me allowance to enter default judgment).

If it fails what is the max legal costs that respondant could charge for?

I would ask for "without hearing".

Thanks in advance.

[R0b]

Re: If my N244 strike out fails what is max legal costs respondant can charge for?

It should be limited to the costs applicable in the track the claim will be heard, so if its small claims then those costs provisions apply which if is without a hearing, which would eb virtually nothing.

Not entirely sure a strike out will be granted to be honest. If the Defendant has raised WP in its evidence then the courts generally adjourn, disallow the WP evidence and have another judge hear the trial instead.
It could be seen as unfair if the defendant has an arguable case and leaves the judges decision open to appeal.

Guess we will wait and see what happens.

[LeamLady]

Re: If my N244 strike out fails what is max legal costs respondant can charge for?

Hi, the claim is under £3,000 so it would be headed for the small claims.

As I am not asking for summary judgment, would it be more likely that even if the judge struck out all of the defence statement, would he do an unless order giving the defendant the chance to submit a new defence with no WP?

Note the current defence is entirely WP.

Thanks

[R0b]

Re: If my N244 strike out fails what is max legal costs respondant can charge for?

Yes that is an alternative and a real possibility that the judge might consider. Obviously i do not know what was said before making your application but in terms of strike out applications, they are more likely to be granted where you have pointed out the issues to the other side prior to making the application. If you just make the application without notice and not informing the other side, the judge is likely to offer the defendant an opportunity to correct the mistake and as you have said, an amended witness statement without any WP evidence.

Alternatively the judge might just strike it out but as I pointed out would be grounds for an appeal if done unfairly and judges don't like that so they sometimes tend to err on the side of caution.

[LeamLady]

Re: If my N244 strike out fails what is max legal costs respondant can charge for?

Ok thanks, that's very helpful. I am really not sure if the defendant understands WP and her defence deliberately refers to it on the basis that the WP settlement offer was accepted, it was not but she is claiming there was a "verbal agreement" which I deny, or, if she is unaware, but I strongly suspect the former.