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Hi, thanks for the question. I’m Chris and I’m a Solicitor. I will be happy to assist you and hope to provide a full response as quickly as possible.
This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.
I’m sorry to hear about the situation you find yourself in. What can I help you with?
Thank you for the information.
Can I just clarify – are you saying you’ve already made the strike out application?
Okay. The purpose of a strikeout application is to stop it from getting any further in the court process.A quarter not going to consider anything that’s within a defence until such time as you come to rely on that defence today later stage.
A court are not going to consider anything that’s within a defence until such time as you come to rely on that defence today later stage.
therefore, you’re going to have to make a strike out application in its own right. You can use the information you provided within your defence and any other evidence you have. You will need to submit an N244 application saying that you’re applying to strike out. Follow the civil procedure rules 3.4
Yes, you can still do this. Send it to the court who now have the case.
Yes, there would be a fee of £255 for the application. A court will only strike it out of that is no chance of success for the claimant. On a strike out application the court are not there to conduct a mini trial so if there is a possibility of them being partly successful, the court may not agree to your application.
From what you’ve told me, I don’t think you would be successful on strike out. However, my view is also that the judge would go in the claimant’s favour for part of their claim as you described. You may want to think about making them a ‘without prejudice’ offer for the invoice amount prior to the limited company.
It all depends on the facts of the case before the judge. From what you tell me, they are only correcting part of their claim and the judge can make an order against you for some of their claim if it’s found that the evidence goes against you for part of the amount.
At the moment, or hearings are being held by video and I suspect that will be the same for a few months yet. Therefore you may wish to speak to the court to see how they are proposin
...proposing to deal with the hearing.
I was just following up to see if there is anything else I can assist you with? If so, just let me know. If not, then I am happy to have been able to assist you. I hope the matter gets resolved.
That part of the answer also seems to have got cut off in the response above. There is nothing to do with regards ***** ***** to Defence. Just something where they are setting out their position.
There’s nothing else to do if it’s at the court. Your defence doesn’t sound overly concerning so I don’t think there’s anything else to add.