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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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A claimant has brought proceedings against me in the money

Customer Question

A claimant has brought proceedings against me in the money claims court. He gave the court a false address for service of court process, claiming that I live in the UK. He has proof beyond all reasonable doubt, on his own admission, that I live in South Africa. I am going to apply to the court that the matter be struck out on the grounds that claims brought in the Money claims court cannot be heard if one of the parties live outside of the jurisdiction of the UK.
I also want to make a counter claim for all the costs that I have incurred. Can I do this without providing a formal defense, apart from the application to strike out, or do I have to provide a counter claim as well?
Submitted: 2 years ago.
Category: Law
Expert:  JustAnswerKM replied 2 years ago.
Good evening Thank you for your message. For completeness, provide a defence and counter claim in one document. There is a fee for making a counter claim, details should be in the response pack. Do bear in mind, the Claimant may apply for the proceedings to be served on you in South Africa that is why it it is best to respond to the claim with a detailed defence to give the Court an idea whether there is any merit in the case in the first place. If you can show that there are no reasonable grounds for the Claimant to bring the claim or they have abused the Court's process, this gives more weight to your separate application to strike out the claim. Make sure your defence answers all parts of the claim and is clear, detailed and concise with numbered paragraphs. Again, ensure the counter claim and application to strike out is clear, detailed and concise with numbered paragraphs. The last thing the Judge wants is a convoluted document. I hope that helps. Best of luck, Kind regards Krystel
Expert:  JustAnswerKM replied 2 years ago.
I hope you received my answer. Krystel