How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

The defendant in a claim i have bought negligence

Resolved Question:

the defendant in a claim i have bought for professional negligence against my former solicitors has applied to strike out my claim.
i have to reply to their statement and send a skeleton argument 2 days before the hearing.
i think i can deal with the response to their statement for their application but i would like to know what i should include in my skeleton argument and also what exactly happens at a strike out hearing - it has been allocated a 1/2 day in the mercantile court?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
In brief what is the basis for your claim and their strike out?
Customer: replied 2 years ago.

negligent conveyancing i.e failure to respond to valuers questions re boundaries, rights of drainage etc.

strike out is alleging the claim is statute barred

Expert:  Ash replied 2 years ago.
When did this take place and when did you issue the claim?
Customer: replied 2 years ago.

the limitation issue is something i can deal with. with respect to the strike out application the defendant has produced a witness statement and accompanying documents. my evidence has to be filed by 4pm on XXXX, should my evidence also be in the format of a witness statement?

Expert:  Ash replied 2 years ago.
Yes it should be. A statement saying why you have a claim and exhibits. Remember it wont be a trial, just a hearing to decide whether you have any claim.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

is the hearing done by written submissions only?

Expert:  Ash replied 2 years ago.
No, but the Court (and the rules say) you must file a statement in advance
Customer: replied 2 years ago.

i understand that, what i meant was on the day of the hearing, which has been allocated for 1/2 day, are questions asked by the judge or their barrister?

Expert:  Ash replied 2 years ago.
There will be submissions by them and you. The judge may have questions for you and the other side.
Does that clarify?
Customer: replied 2 years ago.

what if i can't attend the hearing?

Expert:  Ash replied 2 years ago.
Then your response will be decided on the papers.
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.