Strike out application submission

[88 interactive]

I have filed a strike out and there is no guidance under cpr at all on submission of the application to the other side? 

 

I presume if this application is being heard at a hearing then I have to supply the other side in good time for it to be valid in court on the day? 

 

You would think as a litigant the courts would give you at least some basic guidance on this for £275

[mantis shrimp]

There is plenty of guidance in the CPR. See 23.4.

[honeybee13]

Hello, welcome to CAG.

 

People will be along to advise you later. Please bear with us until they're able to get here.

 

Best, HB

[mantis shrimp]

@honeybee13someone who knows came along earlier! 

 

[AndyOrch]

Did you tick that you required a hearing on the n244 ? why are you presuming ?  if you have paid £275 then that is with a hearing. Obviously this type of application requires a hearing and if you fail to serve a copy of the application and supporting evidence then the other party can easily set it a side.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a

 

Andy

 

[88 interactive]

Hi Andy it gave the option of ticking not to be heard at a hearing. I am presuming that the whole application to strike out has to go into the courts again specifically for that SO hearing that also coincides with the SA hearing. 

 

Cheers 88

[AndyOrch]

Applications for strike out or summary judgment usually require a court hearing as they can be quite complex and not really suitable for teleconference or without a hearing.

 

 SA hearing ?  What is that ?

[88 interactive]

Set Aside = SA yes its a telephone session 

[AndyOrch]

Would be far easier to advise if you had posted the full details in your initial post ...who is making the application to set a side who is making the application to strike out are you the claimant or defendant ?

[88 interactive]

Got it thanks I just wanted some basic advice on direction to be honest and it seems from the CPR guidance given that any SO has to be served in good time to all parties so worth copying all concerned into what is a new application separate to the current case hearing.  And possibly separate to what has gone to be considered into the courts via that SO application. 

[AndyOrch]

Well possibly not without details of who has made what application or whether you are the claimant or defendant...nothing is clear-cut without the finer details.

 

Best of luck 

 

Andy

[BazzaS]

I agree with Andy.

 

Definitely. 100% yes.

well, probably - maybe.

or even : certainly not.

 

The issue is “cloak and daggers” / no real detail means that no one can answer in any way that they can fully rely on.

 

in general, though, (and to the general rule you can usual add an exception and then an exception to the exception!), but in general if filing something with the court it is wise to serve a copy on “the other side”.

It isn’t always required but you are usually better off doing so and not being open to accusation of “ambush tactics” and set aside from not providing them with a copy.

Edited July 7, 2022 by BazzaS

[mantis shrimp]

It is of course possible to discuss procedural points without getting all nosey about the substance of the case. If the OP wishes to discuss on this basis, he should be permitted to do so. 

[88 interactive]

Hi Guys in my statement of case can i mention the claimants previous conviction? I am aware it can be contempt of court or is this in relation to witnesses? 

 

 

[mantis shrimp]

is it relevant?