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Does Summary Judgment Hearing Supercede Allocation Directions????


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Hello all you knowledgable people :)

I have a claim ongoing with Welcome Finance.

The proceedings to date are as follows:

 

  • I filed a claim
  • Court mistakenly issued claim as Return of Goods Order
  • They filed a defence
  • Return of Goods Hearing
  • They tried for Strike out based on above
  • Judge refused Strike Out, allocated to fast track trial and sent out Allocation Questionnaires
  • They didn't file their AQ on time and got served with Unless Order
  • They filed their AQ
  • I applied for Summary Judgment as their defence was an admission
  • Allocation Directions and SJ application crossed in the post
  • I received Notice of Allocation and subsequent directions
  • Then.....I received Notice of Hearing of Summary Judgment Application!!

Question is...do I still need to comply with the directions according to the Notice of Allocation or just wait for the Summary Judgment hearing??

 

Also, if my application for SJ gets dismissed at the hearing does anybody know if the exisiting trial dates will still apply or if new directions will be given??

 

I know it's a lot of info, just hoping somebody out there has already been through this or knows of the procedure and can share their experience please :)

 

Any input gratefully received :D

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

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anyone??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hello W!

 

Check CPR, but I would think you have to comply with the Directions Order, until such time as you have managed to have the Directions Order cancelled or postponed.

 

I think the Order still stands, and will still be needed if your Summary Judgment Application is not successful.

 

So, perhaps give the Court a call to advise what has happened, and say you feel the Directions Order ought to be put on hold, pending the SJ Hearing.

 

Cheers,

BRW

Edited by banker_rhymes_with
Typoooo
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Thanks for that BRW, I'll get on to the court in the morning :)

I have looked at CPR 24 and the closest thing I can find is that at an SJ hearing if the application is unsuccessful it will proceed as an allocation hearing for further case management directions.

 

I did put on my AQ that I would be applying for SJ so I don't really know why they allocated it so quickly after receiving the AQs. They filed their AQ on 7th June and it was allocated on 11th June! I put my application for SJ in on 11th June too so I didn't let the grass grow, so to speak!

 

If the original directions order still stands and they don't comply what would happen then?? :confused: Would I still just wait for SJ hearing or could I apply for a Strike Out? I don't really want their defence struck out tho, I want a proper judgment!!!

Would it count against me if I didn't apply for a strike out when I could've??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I Had Mortimer Clark Do A Summary Judgement Hearing Half Way Through The Usual Court Exchange Of Docs

 

I Went To The Hearing, The Judge Dismissed There Application And It Then Carried On To Full Trial Three Months Later

 

 

YOU ALLWAYS COMPLY WITH COURT DIRECTIONS

 

By The Way

 

I Won

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Will do thanks. I'm not 100% on what my standard disclosure should include, the only docs I'm relying on would be my POC, their defence and my witness statement in support of my SJ application; all of which they have already received. Should I include copies of my agreements, statements, CCA 1974, CCA 2006, etc??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Dont Over Complcate Matters

 

Just Stick To Your Poc , Witness Statement

 

But On The Safe Side

 

Send Copies To Creditor And You Take Copies To The Hearing

 

Just Incase They Try And Pull A Rabit Out The Hat

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Thanks Postggj, not a problem. Any idea on what I should do if they don't send anything??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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