How to reinstate a claim that has been struck out due to an administrative failure.

ally50

I am looking for guidance as to what procedure must be taken to have a claim that has been struck out by the court (due to non-compliance with a court order to pay to the court the trail fee or file a properly completed application for help with fees) reinstated. I would be grateful if you could point me in the correct direction.

user1977

You'll need to tell us what court and what variety of claim. Is this related to one of your previous threads?

born_again

user1977 said:

You'll need to tell us what court and what variety of claim. Is this related to one of your previous threads?

If it is better to continue that thread, so folks have the full story to start with.👍

ally50

I started a claim using Online Civil Money Claims and completed the application for help with fees.
 
The defendant wanted to respond on paper instead so the case was transferred to the County Court Hearing Centre for allocation. From there it was transferred to my local County Court. It was then transferred to another local County Court where it is allocated  to "the small claims track for hearing".

I received "notice of allocation" which I complied with all directions imposed upon this order, except a term states "paying the trial fee or filing application for help with fees".

As I had already applied help with fees at the start of claim I was confused, therefore I rang the court and ask for clarification. I was not given correct or complete information as I needed to call the help desk 3 times and each time I got a different information. Following that I emailed the court but I received a reply 10 weeks later. As result my case is now struck out.

eskbanker

I'd have thought you'd need to ask the court about how to proceed from here, or even if it's possible to restart?  If you're having difficulty understanding court processes, you may need to engage with Citizens Advice, or maybe post on a forum like Legal Beagles, as this board is really just about consumer rights....

tightauldgit

You'd probably have to start by looking at what the court has issued you and what instructions if any have been given as to what you should do next. 

As a general principle once a claim is struck out then that's the end of it and it can't be brought again - I believe there are ways to do it by appealling the decision to strike out but i don't know the ins and outs of them and i think you have to act quickly.

You probably need a proper solicitor to advise you at this point. 

ally50

Thank you everyone.
Now I know that it can be brought again. I filled N244 form asking for reinstatement. The court is looking at your reasons, it is under their initiative to allow. In may case it was reinstated