They are applying for summary judgement on the basis that it would be wasting the court time for this to go to a trial hearing because there is no real possibility of the claim succeeding. It happens if people submit spurious claims or spurious defences that have no legal grounds.
The judge would look at the facts and decide whether there was a case to answer or not and whether it would be in the interest of justice to continue. Often, in the interest of saving court time that would be done without a hearing and the judge would make his own mind up. Even if there is a hearing, it would normally be only 15 minutes to decide whether there should be summary judgement or not. The idea of the 15 minute hearing is just to decide whether there is a case or not, not to decide the outcome.
That would be the first issue to be decided because if they get summary judgement in their favour, that is the end of it unless you appeal. Courts do not award summary judgement lightly and there really would have to be no grounds for a claim before the defendant would get that judgement.
It’s unlikely that you not referring to the specific points of the legislation would succeed because it would be easy for you to file and for the judge to order you to file an amended defence referring to the specific sections assuming that there are specific sections that you can hang the claim on.
With regard to the human rights claim, you are correct but you would have to come up with a valid reason as to why this is being brought out of time and why it should be allowed.
One piece of warning and that is that if you proceed to trial and you lose a trial for any reason, you could face tens of thousands of pounds in legal costs. If the defendant thinks that you may not have that money to pay their costs in the event your claim is not successful, they could ask for an order for Security for Costs whereby you would have to put up the money for estimated costs for the action, before it went to trial. Just be aware.
Can I clarify anything else for you?
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