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Posts posted by MrSmith21

  1. The only issue is that CPR 38.6 states:

    (1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.


    As my case has not be allocated to any track as of yet, how does the above work out? In addition, I have a hearing coming up soon to discuss the fact the defendant wanted to introduce evidence in the form of a written report from an expert. How does one get this cancelled as well?

  2. Hello,


    I received the following from the Online Court in regards to the defendant issuing a claim for my case to be striken out and want to know how best to proceed:-


    District Judge xx sitting at the Civil Money Claims Online Court considered the file and made directions.


    UPON the Defendant having made an application which is not supported by the Online Court and the file being referred to a judge pursuant to the Civil Procedure Rules PD 51R 75


    It is ordered that:


    1) The case do exit the Online Court and be sent to the Defendant's Home Court to be placed forthwith before a judge of that court to consider listing directions.


    2) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order


    3) For the purposes of paragraph 2 above, a reference to "the court" means the County Court hearing centre to which the claim has been sent.



  3. Hello everyone,


    I have recently issued a small claim against a company, but do not want to go through with it any further.


    The defendant did issue a defence and requested for Mediation, but subsequently changed their mind.


    I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email?


    I have been utilising the new beta Money Claims service, which does not provide information on the matter.


    I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.

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