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.
Well to answer your question the Court can strike out a defence of its own motion
That is a power under CPR 3
But it has to be that the Court considers there to be no prospect of defending the claim
The Court does not normally do this generally without an application - but it can be done
It is more likely that the Court will just consider the application to stay proceedings
What the Court does not want to happen is that a matter is on going for months and months
Can I clarify anything for you about this today please?
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.
You don't have to, it is a matter for you. But yes it would seem sensible
Does this answer your question today?
Ok. Many thanks for your help.
Great. If this answers your question might I invite you to rate my answer
If the system wont let you please do say
If you need more help, please click reply!
Will rate your reply now. Thank you.
It won't let me do it Alex.
Thank you - all the best