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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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Have you got any draft to ask the court to strike out a

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Have you got any draft to ask the court to strike out a claim because it has been adressed to the wrong defendant.
The statement took about the previous landlord but the claim is adressed to me the new landlord

Hi there, I attach the N244 application form, a template witness statement and draft order.

You need 3 copies to be sent to the court with a fee of £255 payable to HMCTS.

You should first write to the defendant to ask they discontinue their claim against you (due to suing the wrong defendant) and tell them if they do not do this after 7 days you will make the above application and seek your costs from them.

I hope this helps.

Jim

Customer: replied 6 days ago.
It is not in a claim. It is in a counterclaim. I made a small claim to ask my rent paid. They made a counter claim accsuing the previous landlord not to care of the property and asked me £170 000 for their business loss due to water ingress. Their counter claim is again the previous landlord not me. I would like to do a summary judment to have the counter claim strike out. Would it be possible as their embedded the defence and counter claim in the same sttement.

Whether you want to strike out a claim or a counter claim means the rules are the same though - CPR rule 24.4. So you need to apply to strike out the defence and counter claim due to no prospects of success

Customer: replied 6 days ago.
I was thinking to strike out the counter claim as being against the previous landlord (business loss) and defence (not paying rent) because of defect in the property on the base of the merit

Yes, your application is to strike out their statement of case (the statement of case being firstly their defence and secondly their ill-conceived counter claim - which sounds hugely inflated to say the least)

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 6 days ago.
It is because they should pay me £300 000 as they have 11 years of remaining lease at £28000 par annum.