Striking out on SCT

[jk2054]

Good Evening,

I've got a fairly simple question but I'll provide some context incase needed.

I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there.

They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it.

I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial.

However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it.

However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it.

I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.

 

Thanks

[AndyOrch]

15 hours ago, jk2054 said:

I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.

Requires a hearing unless you inform the court within your application you will not be in attendance pursuant to CPR 27.9 (you will still have to pay for a hearing as its an application on notice.

Far better way and cheaper is to push the court to strike out for none compliance of directions as per their Notice of Allocation N157 rather than going for strike out /summary judgment.

[jk2054]

Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244

 

[AndyOrch]

Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?

 

[jk2054]

we dont get N157 because its new OCMC but no court dont have evidence either.

 

Just seems a bit of a pointless wait but oh well

[AndyOrch]

Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.

[jk2054]

Yea but the annoying this is that they're not based in england so they won't even come.

Just a 2mo delay for no apparent reason.

[AndyOrch]

So if they are not in attendance and can't rely on written evidence then you get an easy judgment without paying out £275.....simples

[jk2054]

Yes but ill have to wait 2 months

Even if i lost strikeout I would get the 275 back so long as my N244 was CIC

[AndyOrch]

CiC  you wont get your fee back not in this type of application...your in a rush not the court or defendant

 

 

.

[jk2054]

costs in case

if you lose SJ but win overall you get fee back because its N244

[jk2054]

Just to update this.

I did apply to strikeout and they did not attend the hearing.

I won by defualt and the hearing lasted 5 minutes (court only allocated 15).

The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim.

However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee.

Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement