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Struck out case back again - I am at the end of my tether

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Comments

  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
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    Ask the usher when you get there and tell them you have a preliminary matter to discuss with the judge, and/or speak to the judge first as soon as you get in the room and say the same thing.

    Don't engage with the other side if they try to speak to you or give documents to you before the hearing.
    I married my cousin. I had to...
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  • Got it :) 
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    Yes you simply tell the judge there is a prelim matter before they start hearing from the other side.
  • roberts589
    roberts589 Posts: 26 Forumite
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    Should I highlight in the preliminary matters the relevant CPR that has not been followed - or am I going to upset the judge by looking like I am pretending to be a solicitor... :) 
  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
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    Mention that the claimant has failed to comply with the CPR section XX, para YY, and their actions are unreasonable.

    Don't forget to ask for costs and costs for unreasonable behaviour.

    Send a costs schedule to the court beforehand.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 154,541 Forumite
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    edited 17 April 2023 at 2:06PM
    Tell us what you are thinking of saying.

    I'd simply state that you were never copied in and knew nothing about the struck out case being resurrected until last month, which looks to be in breach of the requirements for applications.  You find this wholly unreasonable and ask that the court considers the conduct of the Claimant and their representatives when it comes to costs.

    And unless the solicitors have already filed & served a joint bundle (including all your evidence) to assist the court recently, I'd also assume after all this time that the court has probably lost your bundle (...sigh...I speak from experience!).  Expect the worst.

    As such, to preempt court error I'd email a copy to the court and solicitors today, making it clear this bundle is unchanged since it was first filed and served  on DATE.  This copy is being sent electronically to assist the Judge at the hearing.
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  • roberts589
    roberts589 Posts: 26 Forumite
    10 Posts Name Dropper
    Tell us what you are thinking of saying.

    I'd simply state that you were never copied in and knew nothing about the struck out case being resurrected until last month, which looks to be in breach of the requirements for applications.

    And unless the solicitors have already filed & served a joint bundle (including all your evidence) to assist the court recently, I'd also assume after all this time that the court has probably lost your bundle sigh...I speak from experience!).  Expect the worst.

    As such, to preempt court error I'd email a copy to the court and solicitors today, making it clear this bundle is unchanged since it was first filed and served  on DATE.  This copy is being sent electronically to assist the Judge at the hearing.
    Did EXACTLY this today :) And have 3x printed copies. 
  • Umkomaas
    Umkomaas Posts: 43,630 Forumite
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    I won - case dismissed - costs awarded.  Nice one guys :) 
    Very well done ..... please tell us more.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Fabulous news...well done :D
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