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Hello my name is ***** ***** I will help you with this.
Just to be clear, the previous Judgment was set aside or struck out?
Ok - then did you issue NEW proceedings or carry on old ones?
No no no........
You need to discontinue the new proceedings. The old ones are still live.
You cant issue new proceedings on the same matter as the old ones.
The court should have given directions that a defence was filed and the matter would proceed normally.
But the old case is still live, you cant issue new proceedings.
You need to ask the Court for directions for the old case.
Can I clarify anything for you about this today please?
1. As judgment was entered and then struck out on the initial proceedings, would those proceedings still be live. The court did not write to say they were still live or to give a hearing date.
Yes the proceedings will be live on the 'old' ones.2. If those proceedings are still live, do I have to discontinue one of the cases or can they just be joined, or will the court simply cancel one.
Yes you have to discontinue3. If I discontinue, can I suggest that CPR part 38 should not apply because I did not receive any confirmation from the court that the case is still live or any hearing date and this has been over 10 weeks now.
Part 38 does apply - you cant say it does not. If you discontinue the rules say you are liable for the other sides costs. It makes no mention of the fact that you dont hear back from you.4. Finally, if both cases are now live and I simply let them run, will the court fine me for abuse of process.
The Court will strike out the NEW claim for abuse.
Does that clarify?
Yes thats right. But you just might need to ask the Court for directions on the first case.Does that clarify?
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