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On court form N244 in application to dismiss action, does one enclose the documents one replies upon to the court or does one server on the other party oneself.
Also if particulars state breach of a specific Act including subsection, (and nothing else) and if that act has no bearing on the matter would a court dismiss on that specific point or would a court say well that does not apply but this(something else) does?
Hi Alex thank you, understood.
There is one other point.
If a claim states in particulars a specific Act and set out the subsections. and there is no other reason given. does the court address this one point. in my case the act stated simply odes not apply as my documents above will prove. Would a court dismiss if it is proven not to apply or would they take a view other matters might be involved and consider them even though not mentioned in the claim?
Just to be clear and not withstanding anything else
The claimant states
" the injury was caused by the defendants negligence and or breach of statutory duty under section 2 of the occupier liability act of 1957".
She maintains she was told she had a right of way.
She didn't and was therefore a trespasser under the 1984 Act.
Her landlady has since asked for a right of way and paid for the right which is my documentary proof.
So we are saying the court will not say "right the 57 act does not apply but are you liable under the 1984 act. so you have a case to answer". In other words do her job for her. She is unrepresented.
In my statement I have covered this by saying in any event even the 1984 act does not apply and given my reasons.
Yes thank you Alex. It is all as clear and as I thought.