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If you lose a strike out do you have to pay legal fees not just court fees? Even if small claims

 

How should you respond to a strike out application? 

 

If your oponent was late with their defence isn't that grounds for them being struck out?

 

 

 

 

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3 minutes ago, JohnnyBoyUK said:

If you lose a strike out do you have to pay legal fees not just court fees? Even if small claims

Yes applications are separate to normal track rules costs...unless the Judge reserves the costs and lets the claim proceed.

 

How should you respond to a strike out application? 

Submit your own witness statement in response with argument and objection

 

If your opponent was late with their defence isn't that grounds for them being struck out?

Normally it would be struck out by the courts own volition for failing to comply with directions  as stated in the Notice of Allocation

 

 

 

 

 

 

Andy


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How much could costs be and what if you can't pay?

 

My Directions Questionnaire is due next week. Should I send a statement\rebuttal with that?

 

The Defence has asked a judge to extend the time for one of the defendants.

 

Both defendants are at the same address so I can't see how one an reply (with a vague defence) and the other not at all.

 

They hired lawyers after I asked for a Judgment on Defendant who didn't respond.

 

Their lawyer saying my claim wasn't detailed enough. It was concise and laid out my case and what remedy ie damages I wanted. 

 

How likely would a judge just strike it out?

 

Would I be asked to give further details?

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Well if your claim is anything like this topic i'm not surprised that Solicitors are stating your vague on detail......

 

Start at the beginning and tell us the history and details of your claim.

 

Andy


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The are proposing I accept a Strike Out but with no order to costs. Does this mean no charges at all Court fees and lawyers fees.

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Who are they ?


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They being the defendants lawyers.

 

Is No Order to Costs as good as it sounds or is there a catch?

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10 hours ago, JohnnyBoyUK said:

They being the defendants lawyers.

 

Is No Order to Costs as good as it sounds or is there a catch?

 

Yes and no.


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Can you explain?

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Do you mean?

 

Yes as good as it sounds

No catch

 

Or Yes and No to both parts?

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I can only be as vague as the information you give.....Yes a No Order for costs is good......and no there are no catches as far as the details you have provided.


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The Consent Order is to accept a Strike Out

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Aahhh..... there is a Consent Order...now we are getting somewhere.......the defendants lawyers proposing the Consent to strike out your claim against both defendants ?


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And what are their legal basis for strike out ?


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section 3.4 of cpr. My claim bound to fail as I didnt give proper legal basis

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Would I be left with their lawyers fees if I accept a Strike Out?

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No if thats what the Consent Order stipulated within its schedule....there is a fee for lodging the Consent Order £100...whos paying for that ?


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They have drawn up a  draft consent order and are going to send me a copy to sign.

 

I assume from them?

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They have drawn up the Consent Order so I assume they pay.

 

Thanks for your replies

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Dont assume.....ask...whos paying ?  I know you say the consent contains  " No Order for costs " but worth clarifying.

 

Just referring back to your earlier points.....

 

 

My Directions Questionnaire is due next week. Should I send a statement\rebuttal with that? No if you wish to defend their application to strike out it must be done separately I would still file your DQ ontime irrespective in case there are delays with the CO.

 

The Defence has asked a judge to extend the time for one of the defendants. Thats for you to agree ...not a Judge.

 

Both defendants are at the same address so I can't see how one an reply (with a vague defence) and the other not at all. Did you issue the claim as first and second defendants or joint ?

 

They hired lawyers after I asked for a Judgment on Defendant who didn't respond. Have you got judgment ?

 

Their lawyer saying my claim wasn't detailed enough. It was concise and laid out my case and what remedy ie damages I wanted. Cant comment without sight....redact and upload if you wish for opinion....and a copy of the 1 defendants defence. 

 

How likely would a judge just strike it out?  See above.....until I see your particulars and the 1 defence......??????


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I have sent my DQ

 

The Defendants were 1 and 2 not joint.

 

Defendant 2 received an extended defence. She pleaded extra time because it was sent to wrong address. It was sent to her office (dont have home address). I was not given notice of this request. Judgment against her failed as she got extra time claiming "wrong address". Defendant 1 was to same office. They filed in time. So did then defence team. Defendant 2 completed a "witness statement" which was received in time - but not a defence. So why allowed extra time? This seems dodgy.

 

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Well from what you state there does appear to be procedural errors.....

 

Time to extend the period for submitting a defence is covered in CPR 15 .5

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.3

 


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Defendant 1 filed an amended defence a week after deadline. A judge or myself have to agree. Right?

My claim may be weak but their practices seem dodgy.

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