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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi - I am the claimant in a fast track money claim for breach

Resolved Question:

Hi - I am the claimant in a fast track money claim for breach of oral contract for work done for a major house builder. Amount is 14K. I have substantial evidence that I was entitled to rely on oral instruction since 2009 and, as regards ***** ***** contract have extensive emails showing I had commenced work. In particular I have an email I was copied into between two of the builders employees which said "xxxxx xxxx will be doing the furnishings, she will supply me with the entire choices for the show homes". We have agreed directions including a stay for mediation and supplied the court with the directions questionnaire. Before it was sent I rang the court about the correct delivery address for documents and an official mentioned there would be a CMC. When the CMC order arrived it stated the reason as being the request for a stay for mediation.My question is does the judge sometimes throw out a case at the CMC stage if he thinks the defendant has no case, which the email I referred to seems to make clear. The defendant wants me to sign a Consent Order to vacate the hearing but if there is any chance of the case being stopped at the CMC if I refuse to sign the Consent Order? I just wonder why they had already decided on a CMC before they received the DQ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I assume there is no application for strike out? Is the matter listed for a cmc hearing please?
Customer:

Hi Alex - no I have not applied for a strike out. The CMC is listed for 8th July to consider the request for a stay for mediation. They had already decided on one before they received the DQ with the agreement for mediation so don't know why they give the request for a stay as the reason. I have no legal knowledge but am wondering if a court official has looked at the evidence and decided the defendant has no hope of success and indicated a CMC where it could be thrown out. Perhaps that's wishful thinking on my part! I would apply for a strike out but there are cost implications if the Judge didn't agree. I just don't know enough about how the system works.

Alex Watts :

I see.

Alex Watts :

Well to answer your question the Court can strike out a defence of its own motion

Alex Watts :

That is a power under CPR 3

Alex Watts :

But it has to be that the Court considers there to be no prospect of defending the claim

Alex Watts :

The Court does not normally do this generally without an application - but it can be done

Alex Watts :

It is more likely that the Court will just consider the application to stay proceedings

Alex Watts :

What the Court does not want to happen is that a matter is on going for months and months

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok thanks. So it sounds as if I should sign the Consent Order as the defendant has requested. I'm confident they will settle before the trial, had just hoped it might have come to an end sooner.

Alex Watts :

You don't have to, it is a matter for you. But yes it would seem sensible

Alex Watts :

Does this answer your question today?

Customer:

Ok. Many thanks for your help.

Alex Watts :

Great. If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help, please click reply!

Customer:

Will rate your reply now. Thank you.

Customer:

It won't let me do it Alex.

Alex Watts :

Thank you - all the best

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Thanks

Alex