High Court Writ Of Control but no CCJ

[Beleaguered]

Is it possible for a HC Writ Of Control to be issued when no CCJ is in place?

[Beleaguered]

Hi, my opponent has applied to have my counterclaim struck out in a Fast Track case and there is a hearing booked. I am a litigant in person.
Do I have to Respond to the strike out application or wait until the hearing? Also, I am not in good health so do I have to attend the hearing or can I write a letter to the Judge for the hearing? Thank you.

[Amethyst]

It would be a good idea to respond - you can, if you don't wish / are unable to attend the hearing, put your arguments against the strike in a witness statement and send to court and claimant to hear in your absence - https://legalbeagles.info/forums/for...vance-at-least

how much approx is the claim and counterclaim? and do you want to tell us a bit about the case ?

[Beleaguered]

Thank Amethyst.
Could I send a written statement just in case I am too unwell to attend the hearing but if I do attend it could be used by the Judge to be able to discuss my points?
Well, because it’s fasttrack it’s up to £25k I think but the actual value is unknown as it’s quite a complicated case which a layperson cannot quantify. It’s hard to put a price on potentially losing 2 adult lives.
Id rather not go in to detail about the case as you never know who is spying but I’m more interested in knowing the process more than discussing their claim and my counterclaim.

[Amethyst]

Ouch.. okay the costs risk will be quite hefty - is there any way you can get representation at the hearing ? Any legal insurances available - household/life etc that could kick in to assist ? Have you had any assistance to get to this stage?

Obviously if you are not well enough to attend you can't, but relying only on your written statement and not being present to argue against the other sides argument for a strike out of the counterclaim, and potentially summary judgment on their original claim?, is a risk.

You can of course amend the notice of non attendance to state that you hope to be able to attend, however, due to your health issues should it turn out you are unable to attend you respectfully request the court take the enclosed statement/arguement into account.

[Beleaguered]

Ok, saying I may be unable to attend but leaving it open for me to attend may be the best option.
Their strike out application is due to me not disclosing all the documents which I said I had.
I cannot be in contempt of court for this can I? This is a civil case by the way and we have a final hearing date in place.

[Amethyst]

Okay, can you rectify by completing disclosure (allow inspection of the documents) ? ( or did you say you had documents that you don't actually have? )

[Beleaguered]

Some of the “documents” are cctv footage which I do have but which I have been unable to transfer them to a method which I can pass on to the claimant and court (files too large). A couple of documents I had in my possession but can no longer locate.

[Beleaguered]

Amethyst, can I be in contempt of court for not disclosing all docs?

[Amethyst]

you have disclosed the docs you just haven't been able to enable inspection as yet by the sound of it. Did you inform them of the issues you were having ?

You should be be able to compress the video files or write them to a cd / memory stick ?

Is the inability to inspect the cctv footage the only reason they have applied to strike on ?

the lost documents you will need to inform the other side and the court that they have been lost so can no longer be used as evidence.

[Beleaguered]

Thanks Amethyst. I informed the claimant of the health problems I am having. As soon as they threatened strike out application I didn’t contact them anymore or attempt to send any further docs.
I cant do anything about the ones I’ve lost. The videos are on my iPad in iCloud photos so really struggling to get them off there onto another device as they are large files. No idea how to compress them (I’m not very tech savvy!).
I’m just really worried that the judge will see me as being in contempt of court. Is it possible?

[Amethyst]

If you have them in the cloud you should be able to make them shareable so you can give the link ( and password) to the other side .... what does the application state about the disclosure /inspection ?

[pt2537]

Thanks Amethyst. I informed the claimant of the health problems I am having. As soon as they threatened strike out application I didn’t contact them anymore or attempt to send any further docs.
I cant do anything about the ones I’ve lost. The videos are on my iPad in iCloud photos so really struggling to get them off there onto another device as they are large files. No idea how to compress them (I’m not very tech savvy!).
I’m just really worried that the judge will see me as being in contempt of court. Is it possible?

Contempt? unlikely, more likely will be an unless order that unless you give disclosure and allow inspection then the defence will be struck out etc

[Beleaguered]

If you have them in the cloud you should be able to make them shareable so you can give the link ( and password) to the other side .... what does the application state about the disclosure /inspection ?

Oh I didn’t know I could use a link, I thought everything had to be disclosed on paper or physical media such as CD or memory card. I could try that then if it’s allowable.

The S/O application says that I have failed to allow inspection of docs listed and so are asking for my counterclaim to be struck out. They are also asking for an alternative for the claimant to be granted summary judgement because they are saying my c/claim has no prospect of succeeding.

[Amethyst]

Are the docs listed just the CCTV and those two lost docs? Contact the other side and say you are having trouble getting the cctv in a format and would a link to the videos on the cloud be acceptable ( once you figure out how to share it securely )

You will need to respond to their application with a WS into court and to the claimant explaining the failed inspection reasons.... you want to do that before the application is heard.

I can't help on the prospect of success as I know nothing about your case.