I made an application for the counterclaim to be struck out but it was dismissed by the Recorder as being without any merit. The action against me is for reversal of an unjust enrichment but the claim gives no explanation as to why it is unjust for me to retain the benefit. This requirement is set out in case law.
Their barrister only gave me their skeleton argument at the court. In that she admitted something which was an important point I was trying to prove myself. Had she given that to me the night before as she should have done Icould have put forward the argument which would now form the basis of my appeal
If I m applying for a stay of the order of the court below, should I still pay the costs as ordered or can I wait for that to be dealt with