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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex Watts Alex, Sandra here from Menu Printers. The

Resolved Question:

Alex Watts
Hi Alex,
Sandra here from Menu Printers.
The Defendants were ordered to serve their statement by last Friday - and they failed to do so
They were also ordered to file & serve their Defences to the committal proceedings by today - which they have failed to do
What do you think the Court will do now
and
Can I now apply for their defence to be struck out and judgement entered by default
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hi and thanks for asking me.
You can ask for the defence to be struck out and enter judgment yes. But you won't get judgment by default for the committal. You will still have to prove breaches beyond doubt to the court.
Does that help?
Alex
Customer: replied 2 years ago.

Hi Alex,

Yep as for the committal the file has already been entered - the judge ordered me to restrict the examples to 5 only (I think he was panicking when I told him I have over 100) - That is (I believe sewn up).

The main case is the big one for me. The Case has a stay on it for 3 months to enable mediation (which they have not paid for yet so don't think that will be going ahead). Would it be O.K. for me to put in an application to have the stay set aside, and the defence struck out, and judgement be entered.

The Defendants are trying to now (after the case has been going for a year) say that the case is a limited company one (one of them is a director of a company - which he has called in insolvency practioners this week to liquidate). They have not entered that as a defence before, nor have they asked for the case to be struck out using the defence that I am suing the wrong people (i.e. the four defendants rather than the limited company) - hope you know what I mean.

Expert:  Ash replied 2 years ago.
Yes I do. You should ask for judgment.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Alex - you are a star as always.

Hope you have a brill weekend xxx

Expert:  Ash replied 2 years ago.
Hi

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

If you have not done so already 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.

Alex