Hi - Im a lit in person defending a claim. I have filed a counterclaim and following a late compliance by the claimant in filing a part 20 defence to the c-claim, I then filed for Summary Judgement/Strike Out on a deadline provided by the court My concern is that my interim application SJ/SO application was to dispose of the trial and its (timetable) proceedings. however the court have confirmed that the application hearing is the same as the trial date. This contradicts the point of the interim application in its disposing of the trial and the proceedings leading to trial. I understand that the trial will follow the hearing on the same date and time which is in almost 2 months. There doesnt appear to be a rule in CPR that states on filing the application proceedings are suspended but I have constantly read this is the what happens. Can you direct me to this particular rule or provide clarity on this procedure
Yes the trial date had been set a month earlier for dec 14. I did not put that on the form but I called to make them aware minutes after I filed it. The actual trial date was adjourned for new directions following a n244 application for (i) strike out (which failed) and (ii)permission to file my own defence following detachment from an consolidated group (iii) permission to file a counerclaim (iv) new directions. A direction deadline was provided for me to file another strikeout/summary judgement however the other side were late filing a reply and counterclaim defence (tatically delayning I feel). I wanted to base my Summary Judgement/Strike out application on there pleadings but had to meet the deadline. In the end I filed and served the SJ/SO application and used many grounds including failire to comply with court orders.
trial date was set in sept for late dec
i filed my application in oct
so trial date set before filing the application
at this moment the hearing date is set on the trial date (which was stated on the notification) and I believe that (directsions) proceedings are still continuing as through a trial will follow after the SJ/SO hearing
ok my issue then is that (1) I wanted to dispose of he trial and it proceedings so i havent followed any deadlines after submitting my n244 application with witness statements and drft orders and submissions so Im fearful that Im have fallen foul of the full trial directions I assumed would freeze on application (2) they delayed defence to my counterclaim was a bare denial but I didnt include it in my application which I want to ensure is considered immediatly
Do I tell the court manager that I havent followed direction schedule for trial ? Because if I fail the SJ/SO application for example, I will not be ready for full trial
But you need to prepare for full trial. You have a trial date. If your application fails the Judge will want to proceed.
If you can not proceed then the Judge can order you pay the wasted costs of that day.
You have a trial date, you should be ready in the event your application fails.
But if it is because of THEIR delay, the other side you are not ready then that is a good reason
Does that help?
It does - thanks
I understand they tried to find a date before that trial date for the hearing
but none were available hence on the trial date.