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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My defendant has completed and returned her defence and counterclaim

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My defendant has completed and returned her defence and counterclaim form N9D following her receipt of my particulars of claim but she has failed to deny several allegations on the form. Can I request that judgement be entered for an amount for the court to decide whilst we continue with the pre action protocols for the remaining allegations on my particulars of claim? The court has, so far proposed a fast track despite the value of my claim not being greater than £5000. I am not resourced to employ a litigant.
Hello my name is ***** ***** I will help you with this.You can but the Court wont. What you need to say is this.The Defendant has failed to comply with the requirements of CPR 16.5 to fully plead the defence and the Court is invited to give summary Judgment.However in reality the Court will make an order unless a fully pleaded defence is filed within say 14 days the defence is struck out.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you Alex, can I write this to the court on plain paper or does it have to be as part of a form filed with the Court and in either case do I need to include copies for the defendant and myself?
I would send this when you get the Directions Questionnaire. That should come with the defence or shortly thereafter.
Does that help? Alex
Customer: replied 1 year ago.
Yes, thank you. I already have the directions questionnaire for fast track, N181. One last question (for the moment) Is there a realistic chance that a complete lay person could successfully pursue a case allocated to the fast track, simply by giving a lay person's interpretation to Court directions and questions along the way without a considerable risk of falling foul of the exacting details of protocol that are likely to be inaccessible to them or should I not request that the Court allocate a small claims track instead? I understand that this may be a difficult question to give a realistic answer to without being more familiar with the details.
Yes you can do a fast track by yourself. The Court will set out directions and it should be easy to follow. It will only be a small claim if its £10,000 or under, its a straight forward case and will take less than a day.
Can I clarify anything else for you? Alex
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