Hello my name is ***** ***** I will help you with this.
For now please let me know the value of the claim?
Then it would need to be transferred to a specialist Court.
Given the value.
1. I don't think given the value you can object to the transfer. There are no real pitfalls.
2. He will hold a CMC and give directions
3. If there is to be an application for summary judgment then the Judge will say any application should be made by x date.
The Judge will then give directions for disclosure, evidence exchange, costs management etc
4. There is nothing you need to do beforehand.
I would instruct a Barrister at an early stage so they can make sure your case is good, given the value.
There are several portals and websites you can do this on:
Can I clarify anything for you about this today please?
so when a defendant applies for summary judgment is it any different from the claim running as normal?
No. That application will be heard which will either win or lose.
sorry you said above the judge would give directions etc
The Judge would give directions as to what is to happen to the claim
so what do you mean when you say the application will either win or loose?
If they make an application for SJ - that will either succeed in which case your claim ends, or it fails in which case the claim continues
sorry i'm a little confused. they have now made an application for summary judgment. i at this stage have not submitted any documentation apart from letter before claim, poc etc. do i still get a chance to defend their application or doe the judge just consider their application?
Ok, if they have now made an application for SJ then THAT application will be heard first.
You will need to respond to that application by filing a statement and supporting documents as to WHY you have a claim
The Judge will set that matter down for hearing
So the Judge will transfer it and set a hearing date for the application
hi, so the judge will not simply decide the claim on their application alone?
For the application only yes
Summary Judgment is to see whether your claim has any merit whatsoever
If it does, no matter how weak the case will proceed and be listed for a full trial
i understand that. the defendant has made allegations that i can prove are incorrect. will the judge still give directions before the application hearing i.e. filing of statements etc? if the claim for summary judgment is dismissed who pays the costs?
If dismissed THEY pay the costs
hi does that include all my costs i.e. barrister? if i do have a claim and my barrister agrees is the other side wtill likely to go ahead with the application?
For that hearing yes.
I cant' say whether they will still proceed, its up to them
with an application like this is it all done by paperwork or does everyone attend, is it a mini trial, would i be cross examined?
Everyone attends and it is done on submissions. No cross examination
finally with regards ***** ***** if i go ahead and instruct a barrister to defend the application and following my response the defendant withdraws their application can i still claim my costs back from the other side?
alex thanks for your help. any idea of the timescales involved in an application like this in the mercantile court and how long would an application take. are the statements limited like witness statements?
Probably 1 month or so to be heard. Yes just witness statements