Erudio claimform - old SLC loans - stayed - now N244 **WON SJ refused**

[AndyOrch]

Its really just the court order and hearing directions I was looking for.

[AndyOrch]

Yes okay point 16 states not less than 48 hours.... 7days is the norm if attending the hearing in person.

 

Evidence for the purposes of a summary judgment hearing

24.5

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

(a) file the written evidence; and

(b) serve copies on every other party to the application,

at least 7 days before the summary judgment hearing.

[AndyOrch]

File and serve...copy statement and docs to the court and the claimant's solicitor.

[AndyOrch]

The ground rules are and have always been any application to lift a stay after the prescribed period of 28 days...an application must contain a concise statement with reason as to why the claim was let stayed and why the claimant didn't proceed at the time.

 

Lets see what transpires and if they decide to make further application.

 

Well done so far Patterns

[AndyOrch]

The application does not involve you its between the claimant and the court to set a side his previous order of dismissing their previous application to Strike out /Summary Judgment.

 

Again you will notice they have not requested a hearing for this application...the Court has decided there will be one 

 

If they are successful in their application (which I doubt) you will be informed by the court and we take it from there.

 

Andy.

 

 

 

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[AndyOrch]

Scan redact and upload what you have received from the court please.

[AndyOrch]

Back to the General Order/Directions....

 

Points 7 / 14 / 15 / 16 are of importance to you mostly of which you have already prepared for the previous hearing.

Point 9 you must action ASAP this week.

 

Another User had his defence struck out for not complying with this direction on time and now faces the inconvenience of trying to set a side the order.

 

Andy

[AndyOrch]

Quote

But this is an application hearing not the hearing itself?

 

Given that the court has directed that you submit statements/evidence.....I would take it as duel. Some courts will deal with the application and claim in one hearing....so be prepared for a full hearing.

[AndyOrch]

Although I do note that only 30 mins has been allocated...so perhaps just a hearing to consider their application....possibly.

[AndyOrch]

You cant really object to an application to lift the stay...the court did reject the application for reasons which are rather strange and the claimant has corrected them with this new application. You can object to Summary Judgment part of the application as previously discussed with reasons and which you have previously prepared for. (statement /evidence).

 

Just the bundle prep thats different to the last hearing.

 

Normally for this application a court would not give directions for bundle preparation/Directions Questionnaires etc so I think the court may only look at the lifting the stay aspect of the application and disregard the Summary Judgment content...but that's my own personal assumption. 

[AndyOrch]

But you are still not sure if this is a full hearing or just to hear their application.....don't count your chickens just yet.

[AndyOrch]

Its all in their N244 application notice which you previously uploaded (Post #188)...they applied to lift the stay and requested summary judgment....now your waiting for that hearing.

 

 

 

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[AndyOrch]

No problem .....it has been a complicated process to the norm...what you really wanted to know and have confirmed is what happened at the last hearing. ?

[AndyOrch]

So we are to assume they got the stay lifted....and now we move to second part of their application Summary Judgment....assuming that wasn't allowed ?

 

Once you have a hearing date again you must submit a statement in response with objection...this must be filed and served not less than 7 days.

[AndyOrch]

That does not sound very promising at all...alarm bells ringing..

 

" it is an order for summary judgement for costs for the claimant."

"But she also mentioned 'dismissed', something to do with the defendant. "

"She said i could make an application to set aside,"

 

Normally the lifting of the stay and summary judgment are dealt with at one hearing I wouldn't be surprised if they have their SJ but then again you was not called on the hearing so an error somewhere by the court which would validate a set a side.

 

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[AndyOrch]

Yes good news they don't have their SJ yet.

[AndyOrch]

Quote

the defence was not served until 20 july 2020'

- Does this mean i do not have an opportunity to defend or im reading too much into this now?

 

They are referring to the claimants response to your defence...also known as a defence...hence the stay was placed on the claim

[AndyOrch]

Summary judgment hearings are 7 days...see CPR 24.

 

PART 24 - SUMMARY JUDGMENT - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

24.5

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

(a) file the written evidence; and

(b) serve copies on every other party to the application,

at least 7 days before the summary judgment hearing.

[AndyOrch]

If you could post a copy of your statement in response here for easy reference.

 

Andy

[AndyOrch]

Okay just a few minor adjustments......they have lifted the stay so your references to the stay being denied should be removed and refer only to their application for summary judgment.

[AndyOrch]

Well done.....dont forget this hearing was only to look at their application for Summary Judgment and whether they could get judgment without the need to proceeding to a full trial... a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial.(CPR 24.2)  it failed...if they fail an application for SJ the whole basis of their claim is on shaky ground.

 

Summary judgment applications should not be used as a mini trial of issues. A Claimant must assess whether the legal and factual issues raised are complex and whether there are real and genuine issues of fact which ought to be tried and also consider whether there are documents or facts known which might afford a complete or partial defence to the claim and which are disclosable at the trial stage. If so, summary judgment should not be sought.

 

Well done.

 

Andy.

 

 

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[AndyOrch]

Applications for future action IE Summary Judgment are not dismissed by a Consent Order but should be withdrawn by the claimant.

The claimant can withdraw the application without a consent order and let the claim remain stayed.

 

Tricky wording in that point 1 alarm bells ring. Possibly a veiled attempt to get you to acknowledge this debt and reignite.

 

Andy.

 

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[AndyOrch]

You could ask that they amend point 1 to read that the application be withdrawn rather than dismissed...but given that the hearing for said application be vacated in reality means one and the same....the rest of the contents seem fine and will stay the claim.

[AndyOrch]

If a party is not to attend a hearing it must serve notice on the court and you the defendant that it will not be in attendance pursuant to CPR 27.9.1

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

Failure to comply with this order could mean the claimant is prevented fom relying on written evidence (statement/docs) and only allowed to give oral evidence......or the court can even strike out the claimants claim...so all good,

 

Andy.

 

 

 

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