Court Papers received - draft abuse of process defence

Redx

As above  , and Johnnersh explained it perfectly

That the whole claim cannot be struck out as an abuse of process , meaning the hearing judge should consider the rest of the case even if they decide that the extra £60 was double recovery or an abuse of process

It's like ordering a meal , not liking broccoli so you put it to one side and eat the steak and chips , you don't send the whole lot back , you consider the options in front of you , even if you dismiss the broccoli

The other case of those 2 was not appealed , because the judge considered the whole case (the one coupon mad assisted with)

If they had appealed both cases then the outcome may have been different , so they picked on the easiest target who wouldn't fight back

henrik777

MC12345 said:

Thanks all for replies,

Nosferatu1001 You're spot on point 2 of the Telephone hearing states 14 days or struck out, so will try that.

This claim is over. They failed to do what the court asked them to and the court said if they don't do it the claim is struck out, therefore it is, automatically.

But yes, make the court aware.

Coupon-mad

The current example WS in the NEWBIES thread (which may not be the one you used?) deals with the Semark Jullien case.  

MC12345

Hey Guys

Is something like this ok to send to the court ?

Do I need to send it to the claimant also ?

Does it need a statement of Truth ?

Thanks in advance

henrik777

d. In the event the court does not wish to impose the strike out as detailed in item 2

of the order ,I ask that the claimant is not allowed relief from sanction and their

bundle is duly struck out. If the bundle is truck out the claimant therefore would

have no evidence to prove their claim, and as such I would ask that the claim is

struck out.


The court has already struck out the claim. It was automatic upon breach. " Failure to do so will result in the claim being struck out"

MC12345

Thanks Hendrik777, just wasn’t sure if they might try and present some lame excuse and the judge might allow it ??? 

Umkomaas

MC12345 said:

Thanks Hendrik777, just wasn’t sure if they might try and present some lame excuse and the judge might allow it ??? 

They still might do. 

MC12345

does it need a statement of truth on it ? and does it also need to be sent to claimant ? 

Le_Kirk

If it is a WS then yes it needs a statement of truth, if just a letter, I would say not.  Yes, everything you file on the court you serve on the claimant, they cannot be ambushed.  In my experience of reading cases on here, the judge is likely to give some leniency to the claimant (they always seem to) but if it was the defendant that was late, they would award a default judgment to the C.  The C is supposed to be a professional outfit whilst the defendant is a Lay person!

beamerguy

Le_Kirk said:

  The C is supposed to be a professional outfit whilst the defendant is a Lay person!

Professional claimants ???   doubt we will ever see that in the parking scam