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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The defendant in a claim i have bought negligence

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the defendant in a claim i have bought for professional negligence against my former solicitors has applied to strike out my claim.
i have to reply to their statement and send a skeleton argument 2 days before the hearing.
i think i can deal with the response to their statement for their application but i would like to know what i should include in my skeleton argument and also what exactly happens at a strike out hearing - it has been allocated a 1/2 day in the mercantile court?
Hello my name is ***** ***** I will help you with this.
In brief what is the basis for your claim and their strike out?
Customer: replied 2 years ago.

negligent conveyancing i.e failure to respond to valuers questions re boundaries, rights of drainage etc.

strike out is alleging the claim is statute barred

When did this take place and when did you issue the claim?
Customer: replied 2 years ago.

the limitation issue is something i can deal with. with respect to the strike out application the defendant has produced a witness statement and accompanying documents. my evidence has to be filed by 4pm on XXXX, should my evidence also be in the format of a witness statement?

Yes it should be. A statement saying why you have a claim and exhibits. Remember it wont be a trial, just a hearing to decide whether you have any claim.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

is the hearing done by written submissions only?

No, but the Court (and the rules say) you must file a statement in advance
Customer: replied 2 years ago.

i understand that, what i meant was on the day of the hearing, which has been allocated for 1/2 day, are questions asked by the judge or their barrister?

There will be submissions by them and you. The judge may have questions for you and the other side.
Does that clarify?
Customer: replied 2 years ago.

what if i can't attend the hearing?

Then your response will be decided on the papers.
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