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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the claimant and all 3 of the defendants have entered

Resolved Question:

I am the claimant and all 3 of the defendants have entered to strike out my claim and get a summery judgement. Isn't it unusual for defendants to apply for summery judgement, when they have refused to show me documents that back up their story.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Have they filed a defence please?
Alex

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

Ok - then once a defence is filed either party can apply for summary Judgment. It is no more unusual than a claimant applying.

They do this if they think they may no claim. But you can apply to the Court and ask that specific documents are disclosed if they have not already been.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
If the defendant cant produce the documents will the judge still give the defendants summary judgement? Am I too late to apply for summary judgement if I didn't put it on my N181 form
Expert:  Ash replied 1 year ago.

You can cross apply at any time before Directions are given and the matter is allocated.

The Judge will only grant summary Judgment where there is no claim.

If there is a claim, even a slight one, it will not be granted.

Can I clarify anything for you about this?
Alex

Customer: replied 1 year ago.
I am promised payment but this was not reflected in the deed. The defendants promised to pay me back in the early part of 2013. The Daily Mail quoted him on his promise, and I have other emails an texts to confirm the promise. The settlement deed included a clause that said I was not allowed to sue again. will the judge only take into consideration that the clause is good enough reason to strike out the claim or look at all the facts. Is this clause solid enough protection for the defendant to relax
Expert:  Ash replied 1 year ago.

Ok - The Judge will want to see whether you have any claim at all. If the answer is yes then the application will fail.

Does that clarify? Alex

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