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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The claimant whom holds a lease from the freeholder

Customer Question

Hello,
The claimant whom holds a lease from the freeholder ; owns his flat ; the freeholder changed status of 4 storey building into 4 flats without planning permission and no building regs. There is no sound proofing between individual floors thus noise level is intolerable for the flat owner thus requiring him to be out most of the day . The flat / leasee has taken the freeholder to Medway county court to gain compensation for the freeholders lack of will to deal with the situation. The claimant served and filed his application at correct time . The defendant only served his denial but did not file with the court so the case has been returned to a district judge. The court asked me to scan and email the defendant's defence which I haven't done as yet . As he has defaulted can a judgement be obtained despite him having requested that the court strikes out the claim ? Or should an application for a summary judgment be made which requires another hearing but also allowing the defendant to file his statement after said hearing.
Regards
Margaret *******************
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Margaret my name is ***** ***** I will help you with this.Just to be clear the file has been referred to a Judge who wants to see the defence, is that right?Alex
Customer: replied 1 year ago.
Alex this went to county court November 15, with both parties to have served and filed by 12/02/16 . The defendant served on the claimant but did not file at court , can we obtain a judgement default?
Expert:  Ash replied 1 year ago.
I see. In that case its a technical breach but the Court is not likely to give Judgment whilst there is a defence which exists.Therefore whilst you could ask for Judgment you are unlikely to get it as the Court is aware that one exists.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Ok what about applying for a summary judgment ?
Expert:  Ash replied 1 year ago.
You can only do that once the Court has the defence and even then you need to show they have no defence whatsoever.There is also a Court fee you have to pay of £255.Does that clarify?Alex
Customer: replied 1 year ago.
Yes I have read the notes on your site, noted that certain areas of law are still Dickensian it's like being in"our mutual friend" . Am aware of further costs thankyou.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you today at all?Alex