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Ash
Ash, Solicitor
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Experience:  Solicitor with 5+ years experience
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On court form N244 in application to dismiss action, does one

Resolved Question:

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?

Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Yes, when making an application to strike out a claim you need to file a short witness statement and key documents which you intend to rely upon at the strike out hearing.The application and documents will need to be served on the Court and the other side. The other side will usually be served with the application and documents by the CourtCan I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.

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?

Expert:  Ash replied 10 months ago.
They can't consider anything NOT mentioned in the claim. Does that clarify? Alex
Customer: replied 10 months ago.

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.

Expert:  Ash replied 10 months ago.
Yes but they need to state what the duty was, how it was broke and why you were negligence. They have failed to plead any proper cause of action.Does that clarify? Alex
Customer: replied 10 months ago.

Yes thank you Alex. It is all as clear and as I thought.

Expert:  Ash replied 10 months ago.
If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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