Could you explain your situation with regard to what you are claiming and why little more detail please and exactly what it is that you want to achieve?
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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It would be worthwhile filing the amended claim with the statutory provisions in as soon as you can.
Always agreed to mediation even if the other side won’t because it makes you look reasonable in the eyes of the court.
With regard to the delay on the human rights issue, the best reason that you can give is the truth.
Do make sure that you serve a copy of the amended claim (and any documents you file with the court) on the Defendant.
You can make as many amended claims as you like although you stand the risk that the defendant will claim that these continual changes prejudice their position.
Once you have filed your amended defence covering the points they have made, I would wait till the court decides which way it wants to move this forward.
I’m glad to help. Good luck with this. Best wishes.
Some of the documentation is dealt with in Salford yes.
What will happen is that the proceedings will normally be transferred to a defendant's local court unless the defendant is an organisation and the claimant is an individual. If it is transferred to your local court, you need to object on the grounds of inconvenience for you, as a litigant in person.
It would be up to the judge whether the application for summary judgement was done by hearing or telephone hearing or without a hearing. What happens then is it depends on the circumstances of the claim and the application. It is normal for it to be done with the hearing, but it does depend on the facts and it would only be by hearing if there is something to argue over.
You are absolutely correct in what you need to take to court to support your case and any documentation should be served on the defendant and the court.
I apologise, yes. You are the claimant and hence, normally it would be transferred to a defendant’s local court.
If the court is told you that it’s a hearing, then make sure that you attend to put your case forward. If you don’t attend, there is a chance they will get summary judgement and strike out.
If there is a hearing, goes in front of the judge. The judge can make any order he likes including having a hearing and whether to have one or not. What is happening here, is that they always have these held at a hearing. To be honest, you’re better off having it done with a hearing because it gives you the opportunity to put your site forward.
I am pleased to help
Assuming the summary/strike out is dismissed, they would be given a reasonable amount of time to produce a defence, probably one month in line with the original timescale for dealing with a claim.
It is a basic premise of English law that damages are not punitive, however they can be in certain circumstances although against government departments, it’s debatable whether anything is punitive!
Theusual reason behind damages is to compensate someone for a wrongdoing or to put them back in the position which they would have been had the wrongdoing not occurred.
It is the quantum of your claim which is extremely difficult because you haven’t suffered a quantifiable financial or physical loss.it really comes down to the court deciding what these general damages (liquidated damages) are going to be worth.
I must emphasise once again, that there is a risk here but if your claim fails for any reason, face substantial legal costs running into thousands and more likely tens of thousands of pounds.
It was my pleasure to help.