Help with strike out?

[Brainwaves?]

Can anyone advise me on submitting an
N244 strike out application for non compliance?
the Defendant has now not complied with 3 Orders
and writing to the Court to ask them to address
this has been ignored, I presume because they
want me to formally apply.
Can I just be brief or how much detail will the Court
need, given that I have written to them 3 times citing
all the relevant CPR's that have not been complied with?

[Diana M]

Re: Help with strike out?

Can anyone advise me on submitting an
N244 strike out application for non compliance?
the Defendant has now not complied with 3 Orders
and writing to the Court to ask them to address
this has been ignored, I presume because they
want me to formally apply.
Can I just be brief or how much detail will the Court
need, given that I have written to them 3 times citing
all the relevant CPR's that have not been complied with?

Would I be right in thinking this issue relates to your other threads about a bathroom installation where you say that the DJ adjourned the last hearing with a new Order which the Defendant must comply with in 8 weeks (to provide an independent expert's evidence)?

If so then I'm not sure your application for a Strike Out would be successful at this point unless they failed to comply with the current order when that 8 weeks' deadline expires.

It may makes sense to keep this all on the same thread since your previous thread was merged with another one you started before that. Any suggestions made can then be offered based on the full history of your claim> http://legalbeagles.info/forums/show...824#post677824

Di

[Brainwaves?]

Re: Help with strike out?

Yes it is re that, the point is the def's actions have caused the expert witness to withdraw, the Court has not directed any party to find another.
I think discontinuance may be better than, the small claims court has not helped me at all and has been in total favour of the other party.
what is the point of detailed CPR and Practice Directions when there are no penalties for non compliance?
This case has dragged on since January 2016, please help me do the right thing, strike out or discontinuance?

[Diana M]

Re: Help with strike out?

the point is the def's actions have caused the expert witness to withdraw, the Court has not directed any party to find another.

Have I misunderstood your previous posts (on your other threads) where you appeared to say that the DJ made an Order for the Defendant to provide an Expert Witness Report (by an 8 week deadline) perhaps because the previous nominated Expert Witness withdrew their services due to lack of payment (for their services)?

Post up a copy of the Order from the last hearing please.

Di

[Brainwaves?]

Re: Help with strike out?

Have I misunderstood your previous posts (on your other threads) where you appeared to say that the DJ made an Order for the Defendant to provide an Expert Witness Report (by an 8 week deadline) perhaps because the previous nominated Expert Witness withdrew their services due to lack of payment (for their services)?

Post up a copy of the Order from the last hearing please.

Di

Thanks Di but there was no order given, at the hearing date of 7/9, the claim could not be heard as the Court
was running late and was adjourned, however the DJ
did call us in for 5 minutes to say the def must comply
with the order from July to appoint the expert and
said he the case would be re listed for approx 8 weeks
but 2 days later the expert witness suddenly withdrew
his services and would give no reason or further
comment.
So there is no expert witness now & I had difficulty
finding one who was qualified in the 1st place, the Court ordered my choice to be appointed by both
parties after the def did not comply with (another) order
to send his suggestions in.
I'm just going round in circles and don't know what to do next.

- - - Updated - - -

N.b, sorry if I wasn't too clear but the DJ did not order another expert as the original one was still in place on 7/9 but withdrew on 9/9.

[Diana M]

Re: Help with strike out?

This case has dragged on since January 2016, please help me do the right thing, strike out or discontinuance?

How will a Discontinuance by you (Claimant) help you to recover your perceived financial loss?

Di

[Brainwaves?]

Re: Help with strike out?

How will a Discontinuance by you (Claimant) help you to recover your perceived financial loss?

Di

It won't but I'm exasperated with getting nowhere.
do you think strike out would be the best option?

[Diana M]

Re: Help with strike out?

N.b, sorry if I wasn't too clear but the DJ did not order another expert as the original one was still in place on 7/9 but withdrew on 9/9.

I see you've updated your previous post since I replied to it.

The thing is what is your goal and why?

Does this contractor owe you money which you've already paid him for a job which he got partially/totally wrong? If so you need to fight to get that money back. Perhaps a Discontinuance based on frustration won't help you achieve that aim.

Is the bathroom unusable/unsafe in the meantime?

Di

[Brainwaves?]

Re: Help with strike out?

I see you've updated your previous post since I replied to it.

The thing is what is your goal and why?

Does this contractor owe you money which you've already paid him for a job which he got partially/totally wrong? If so you need to fight to get that money back. Perhaps a Discontinuance based on frustration won't help you achieve that aim.

Is the bathroom unusable/unsafe in the meantime?

Di

I thank you for your responses but I am now
leaving the site, I joined after seeking to obtain
advice after seeing other members being given
that and even given sample application forms citing how to
act in the small claims court but I have had no
such help, no questions answered but responses
simply asking other questions.
Have I done wrong and is there a different section
of this site I need to sign up to for specific advice,
maybe via subscription?

[Diana M]

Re: Help with strike out?

I thank you for your responses but I am now
leaving the site, I joined after seeking to obtain
advice after seeing other members being given
that and even given sample application forms citing how to
act in the small claims court but I have had no
such help, no questions answered but responses
simply asking other questions.
Have I done wrong and is there a different section
of this site I need to sign up to for specific advice,
maybe via subscription?

I'm sorry you feel that way

But in order to answer legal questions it is often necessary to ask questions especially when legal proceedings are already in progress as is the case with your claim.

Sample and/or template letters can't solve every legal problem. Each case if different.

Perhaps one of the Beagles can help you from hereon

Diana M

[EXC]

Re: Help with strike out?

Have I done wrong and is there a different section
of this site I need to sign up to for specific advice,
maybe via subscription?

In order to recieve specific advice it is essential for those providing it to be equiped with the facts and specific circumstances, which often means being asked more questions than you're asking. I appreciate that it can be frustrating but it is key to maximising the prospects of a successful outcome.