You sure...? Normally struck out if they do not comply by..in your case 4.00pm today .

I read it yesterday,

I will have to try and find it - it was talking about "relief from sanction".

So it would usually be struck out at 4pm today,

and I would receive papers to that effect and so I would do nothing?

Or I would apply to have the case struck out?

Would I still update my defence to the court?

I'm assuming as the original PoC has been struck out, and no further PoC has been submitted, there isn't actually anything for me to defend?

Here is what the court ordered.

1. The Particulars of claim are to be struck out because the fail to comply with CPR16.4 & PD16

2. By 4pm 20th Feb the claimant shall file and serve PoC which fully comply and set out in detail the claim against the Defendant to include when the agreement was entered, the nature, original parties and subsequent variation. Docs should be attached.

3. By 4pm 8th March the Defendant shall file and serve amended/further defence, and should address each allegation in the PoC.

4. - Just sets out the format of submitting / documents

Right ...thanks so yes statement of claim already struck out....you must allow a few days...but if you have not received the amended particulars by the weekend...check with the court in case they have filed on time with them...but if not there requires no further action from your self...the claim has ended.

But you must keep checking ...if they submit late..fail to serve you a copy....inform the court.

OK great, so just check with the court and do not disturb TM Legal.

Everything they have served me up to this point has been by email and very last minute.

But I will wait till Monday to call the court.

Fingers crossed they are just too incompetent to get the documents together in a reasonable time.

Does this latest order state what happens if either of you fail to comply ?

send them an email stating they are NOT to use this email for the serving of anything to do with the court claim XXXX

them block and bounce them.

Thanks, email sent them stating that receiving emails has been restricted and I will have no access to emails from today and that all papers are to be served to my home address. Will update as soon as I have one.

Does this latest order state what happens if either of you fail to comply ?

Bump ?????

Bump ?????

Sorry, read that last night and then forgot to respond this morning. No, there are no sanctions listed for failure to comply.

UPDATE: So the claimant failed to comply with the directions of the court to submit an updated PoC. I called the court and was advised to email them to request further directions from the court, which I did. I have received the following email today:

Good afternoon,

Your email has been referred to a District Judge who comments as follows:

“If the Claimant has not complied with the Order of 28^th January 2019 (drawn 2^nd February 2019) then the Particulars of Claim remain struck out.

No further action is required by the court.”

So, does this mean that as the PoC have been struck out that they cannot try to claim this again in court? It all seems like it was a bit too easy. 

Thank you to everyone who gave me advice on this, I would have had no idea what to do and it seems the holding defence was enough on it's own to get this struck out.

They would require permission of the court to represent the claim again...or they could make application to challenge the strike out and get it back on track..all at further costs to them.....but for now its over.

Well done thread title updated.

Regards

Andy