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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Summary judgement/strike out hearing

Customer Question

Summary judgement/strike out application hearing notified as being same date and time as already set trial date is this usual. I have not followed the timetable since filing the SJ/SO application

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Could you explain the situation a little more?
Customer :


Customer :

Yes the trial date had been set a month earlier for dec 14. I did not put that on the form but I called to make them aware minutes after I filed it. The actual trial date was adjourned for new directions following a n244 application for (i) strike out (which failed) and (ii)permission to file my own defence following detachment from an consolidated group (iii) permission to file a counerclaim (iv) new directions. A direction deadline was provided for me to file another strikeout/summary judgement however the other side were late filing a reply and counterclaim defence (tatically delayning I feel). I wanted to base my Summary Judgement/Strike out application on there pleadings but had to meet the deadline. In the end I filed and served the SJ/SO application and used many grounds including failire to comply with court orders

Customer :

the notification from the court provided a hearing date on the same day as the trial date

Customer :

I was under the impression that the proceedings from the SJ/SO application filing would suspend (dispose) of proceedings till trial. I did not follow the timetable subsequent to filinging including disclosure list and witness statements

Alex Watts : I think I am answering this on your other post.
Customer :

yes believe so - I dont understand how justanswer works it doesnt appear to be open to many experts as it advertises

Alex Watts : Just reply back there. Thanks