court case vacated???

loulew

I received a letter from court regarding our pending court case and I am sorry I appear dim but I don't get it! Can anybody explain?
It basically reads:
1. The claim be stayed forthwith pending the ultimate determination of the proceedings.
2. The trial fixed date for 6 September be vacated.
3. Permission to either party to apply on notice to lift the stay in accordance with cpr 1998 part23.
4. The stay be without prejudice to any negotiation between the parties to settle.
5. Unless the court has given directions in the meantime, the defendant shall within 28 days of the final determination of the proceedings apply on notice for directions.

Can anybody help me please???

jo_ray

I'm not an expert but sounds like your case won't be heard, but this doesn't prevent either party from negotiating ,if you want to. you can appeal against the desision not to hear you case.within or after the 28 days however they put it.

car1268

Had a letter today from my local court to say the earing on 11th Oct is Vacated [ What does this mean?]
It says
The claim is stayed until one calendar month after final judgement in the test cases.
Either party may apply to lift the stay
If no application is made to lift the stay the claim shall stand dismissed.

What does all of this mean???????????????

Does it mean that I can't claim anymore or do I have to wait for a decision from the Test Cases???????????????

Can anyone help it's all getting very

Stokey125

car1268 wrote: »

Had a letter today from my local court to say the earing on 11th Oct is Vacated [ What does this mean?]
It says
The claim is stayed until one calendar month after final judgement in the test cases.
Either party may apply to lift the stay
If no application is made to lift the stay the claim shall stand dismissed.

What does all of this mean???????????????

Does it mean that I can't claim anymore or do I have to wait for a decision from the Test Cases???????????????

Can anyone help it's all getting very

The hearing on 11 October is not now going ahead and you claim has been stayed until one claender month after the test cases. Either you or the bank can apply to lift the stay. However the final sentence does not make sense If you do not apply to lift the stay the claim is dismissed. If the court has stayed the matter then it cannot logically dismiss the case if you fail to apply to lift the stay where the stay will come to an end at a perticular time. Unless they mean that if you want the case to continue you have to make an application to lift the stay before the stay would otherwise come to an end.


I would apply to have the stay lifted on the basis that the limited scope of the test case means that the stay is not justified as a trial will be needed regardless of the result of the test case to deeal with the matters still undecided by the test case. You should forward a copy of the particulars of claim obtainable from this link with your application to support your argument. http://www.oft.gov.uk/shared_oft/business_leaflets/general/PCA-particulars-of-claim.pdf

julesdoris

Hi, I am trying to reclaim from Nationwide, I have received a letter from the County Court saying that my court date on 2nd November is vacated.
Can some one please let me know what this means
Thanks very much

Stokey125

julesdoris wrote: »

Hi, I am trying to reclaim from Nationwide, I have received a letter from the County Court saying that my court date on 2nd November is vacated.
Can some one please let me know what this means
Thanks very much

When the court says it has been vacated that means it will not be going ahead on the date originally set.

julesdoris

Hi i have recieved a letter which states that my court case (due to heard on 2nd November 2007) has been vacated.
I have no clue what this means!
I'd be grateful if someone could explain
Many Thanks

Angua2

As I understand it - please correct me someone if I'm wrong! - vacate, as legal term, has two main applications.

If it's a tenancy/property case, it means to leave the premises, give up possession of the property. If it's a court order or judgment that's been vacated, it means that it's rendered null and void, i.e., cancelled.

Angua2

Oh, a caveat! English and Scots law are VERY different entities.

Angua2

I don't think these are exhaustive, but might help peeps more generally:

English Law glossary:
http://www.hmcourts-service.gov.uk/infoabout/glossary/legal.htm
http://www.uklegal.com/articles/latin.htm

Scottish Law glossary:
http://www.scottishlaw.org.uk/lawscotland/abscotslawland.html