Major judgement where judge strike out the claim form

bargepole

B789 said:

Is requesting a summary judgment possible? Does that require an N244 and fee?

Yes, it still requires an N244 and fee.

Some Judges will agree that the particulars are deficient, and others will not. By including a preliminary paragraph in the Defence, with no fee payable at that stage, it gives the Judge who is reviewing the case at the Allocation stage, an opportunity to dispose of the claim straight off the bat without a hearing.

B789

bargepole said:

Yes, it still requires an N244 and fee.

Some Judges will agree that the particulars are deficient, and others will not. By including a preliminary paragraph in the Defence, with no fee payable at that stage, it gives the Judge who is reviewing the case at the Allocation stage, an opportunity to dispose of the claim straight off the bat without a hearing.

Thank you for the clarification.

What about the fact that the judgment is persuasive? If a judge decided that the PoC were not deficient, would that leave an opportunity for an appeal if judgment went against the defendant?

bargepole

Persuasive is exactly that. It is a County Court decision, and whilst other Judges may be persuaded by it, it is not binding, and another Judge may not agree.

I very much doubt that an appeal would succeed on that ground alone, if the substantive matters of the case had been heard and ruled in favour of the Claimant.

Johnersh

I have seen a similar application to strike fail, notwithstanding that the same procedural points were in play.  There is much more flexibility (ie inconsistency) seen with the CPR in the county courts than you'd generally see at appellate level or in the High Court.

It's great if it works, but as @bargepole says, there's a fee.  Equally I've seen cases on here where DJs (of their own volition) have ordered C to file proper particulars within 14 days.  I don't really understand why the text box can't be 100% bigger to be done with the feeble excuse from C that it is constraining.

There is no reason why you can't replace the standard para 1 (inadequate PoC) with specific reference to which sections of the CPR the PoC are in breach of, followed by something like... the Defendant responds to the PoC insofar as s/he is able, but reserves the right to file an amended defence in the event that C advances a case inadequately pleaded in the PoC.

Coupon-mad

Just making sure people working on defences and WS bundles see this AND INCLUDE THIS TEMPLATE...

...unless you have a claim that was properly pleaded, e.g. a QDR claim, or you are post set-aside and the first Judge seemed to let the C's witness statement count as their POC.

Umkomaas

Umkomaas said:

Grizebeck said:

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

There are a number of other very interesting case studies accessible via the above link. UKPC/DCB Legal, BWL, Napier, PPM, TPS, Britannia and others exposed, and on the end of costs awarded against them. Useful ideas for defending future cases. 

The Contestor website has been updated over the last few days with more court victories over PPCs and their legals. Well worth a read, and as they seem to be updating it regularly, bookmarking the page might be an idea. 

https://www.contestorlegal.co.uk/blog-3

patient_dream

Umkomaas said:

Umkomaas said:

Grizebeck said:

https://www.contestorlegal.co.uk/blog-3/it-is-inappropriate-for-the-court-to-draw-an-inference-on-the-balance-of-property-that-registered-keeper-was-driving-on-any-given-occasion-the-appeal-court-has-said-naacb
Good use against vcs at airports etc

There are a number of other very interesting case studies accessible via the above link. UKPC/DCB Legal, BWL, Napier, PPM, TPS, Britannia and others exposed, and on the end of costs awarded against them. Useful ideas for defending future cases. 

The Contestor website has been updated over the last few days with more court victories over PPCs and their legals. Well worth a read, and as they seem to be updating it regularly, bookmarking the page might be an idea. 

https://www.contestorlegal.co.uk/blog-3

Very interesting/  BWLegal top the list. It's the same old bunch of money scammers  

Coupon-mad

BW Legal would top the table, as he used to work there and the website says he's suing them.

Umkomaas

Excel catch another hefty costs order against them as they continue to try their 'either driver or keeper' stunt in court. £829.19 - Ouch!

https://www.contestorlegal.co.uk/blog-3/excel-parking-service-limited-nbspfaces-defeat-in-manchester-county-court

Coupon-mad

I hope defendants are using the HHJ Murch judgment, which can even get a CCJ set aside when there are no other grounds.