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Joshua, Lawyer
Category: Law
Satisfied Customers: 29199
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My business was being taken to the small claims and a date

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Hi, My business was being taken to the small claims and a date set for 9 June. However, on the 15th March, I received a letter stating that both the Claim and defence had been struck out (due to both parties apparently not providing documents in time). I have assumed that the case was not proceeding as the claim struck out - however, I received a call today to say that the case due in court tomorrow has been delayed! If a claim is struck out, am I correct it will now not proceed?! thx
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK and no I haven't spoken to a lawyer
JA: What steps have you taken so far?
Customer: Asked the court to explain
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. may I clarify from what you say, the correspondence you received from the court definitely referred to both the claim and the defence and not just the defence please?
  2. do you still have that correspondence?
  3. If so, have you sought to clarify this point with the court?
  4. Is this a virtual hearing that is proposed for tomorrow or a hearing in person and in either event, can you attend?
Customer: replied 8 days ago.
Hi, yes it states both are struck out. I do have the correspondence. I have only today tried to clarify as I believed that the case was not proceeding after receiving the correspondence. It was meant to be virtual - but I had received no information from the court about how this would work (i.e. Skype details). However the listings person advised that I did not need to attend the court as the case has now been moved as double booked - I had never been notified that it wasn't Skype!
Customer: replied 8 days ago.
Here's the correspondence. thx

I would agree that is very clear that the claim and your defence have both been struck out and accordingly, the first port of call if you have not already done so would be to contact the clerks of the court to ask them to explain how in view of the letter you have kindly uploaded above, the claim is proceeding as it is quite clear from the correspondence that both the claim and defence were both struck out.

The explanation may be that the claimant made an application to restore the claim but if so, but application presumably was not served upon you nor did the court send you any correspondence regarding that application. Whilst it is possible to believe that one or possibly even two items of correspondence were lost in the post, it stretches credulity that every piece of correspondence relating to that application somehow was lost in the post.

You may or may not be able to obtain a satisfactory answer. If a hearing is taking place tomorrow, despite the above, it would be very wise to attend in whatever capacity you are able. I imagine, if you are able to attend, it is likely that you will not have a defence fully prepared that you may have a defence prepared which you had begun work on. At the hearing, you would want to bring the letter you have uploaded to the attention of the judge and say that as a consequence of the same, you have not had the opportunity to prepare a defence only believe in view of the letter, unless there are circumstances of which you were not aware such as that described above, the hearing is being held in breach of the civil procedure rules and you would like to ask the judge in the circumstances either to confirm that the original strike out bands or if not, how it has come to be reversed and if it is the position of the court that the claim is to proceed, then to grant an adjournment to enable you to properly prepare a defence in view of the procedural irregularities. If the judge refuses, you can highlight politely there would be an extreme risk of an appeal on your part in the event the claim is decided against you

Customer: replied 8 days ago.
Thanks so much Joshua. This is how I had viewed it, however, I went into panic mode after the call from the court today! Fortunately, the court date is being moved due to a double booking which will allow me time to query everything properly with the court. However, your advice has helped alleviate some concerns! Thanks

I am glad at least to read the above though it seems to me some questions still need to be answered by the court in any event

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