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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi - Im a lit in person defending a claim. I have filed a

Resolved Question:

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

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if the trial date had been set when you made the application for strike out please?
Customer:

HI

Customer:

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.

Alex Watts : But to be clear the trial was set after your application?
Customer:

trial date was set in sept for late dec

Customer:

i filed my application in oct

Customer:

so trial date set before filing the application

Customer:

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

Alex Watts : Ok. In that case it is quite normal to hear the application at the start of the trial.
Alex Watts : If the trial date has been set usually an application for strike out is heard before trial.
Alex Watts : if the trial date had not been set then the court would have listed the application for hearing before any trial date was issued.
Alex Watts : But as the trial date has been sent and the matter is one of evidence etc then yhe trial judge can hear the application
Alex Watts : There is nothing in the rules that says an interim application must be heard on a different date.
Alex Watts : I myself have made applications on the day so this is nothing unusual
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

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

Customer:

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

Alex Watts :

But you need to prepare for full trial. You have a trial date. If your application fails the Judge will want to proceed.

Alex Watts :

If you can not proceed then the Judge can order you pay the wasted costs of that day.

Alex Watts :

You have a trial date, you should be ready in the event your application fails.

Alex Watts :

But if it is because of THEIR delay, the other side you are not ready then that is a good reason

Alex Watts :

Does that help?

Customer:

It does - thanks

Customer:

I understand they tried to find a date before that trial date for the hearing

Customer:

but none were available hence on the trial date.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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