ECP DCB Legal court claim

Gr1pr

No, you are over thinking it, just let the process transpire,  no need to worry about unknowns, your side does their tasks on time, leave them to sort out the rest

Coupon-mad

Doesn't matter at all how long it takes to get to the inevitable discontinuance at the point where they have to do a WS / pay the hearing fee. You'll win in the end.

But the Template Defence 'first 12 steps' advice does already give you a timeline for this early 'nothing' stage and it tells you what comes next and what to do and say. Just follow the first 12 steps.

Mattallicawolf

QQ for those who have provided advice already

We haven't had any further correspondence about this, other than a letter months ago from DCBLegal advising that they wish to proceed and that we could get in touch with them to try and mediate (which we ignored until asked to by the court)....is this normal? The letter stated we would receive the directions questionnaire directly from the court but we haven't had that either.... 

Castle

Check your MCOL history.

Mattallicawolf

The latest note on there is Case Stay Lifted on 04/04/2025....can someone explain this to me please and whether we need to action anything?

TIA

Car1980

I'd ring Northampton and ask what the hell is going on.

If the stay was court-initiated, it could lift a stay without prior notice, but only if it deems it appropriate under case management powers [CPR 3.1(2)(f)]. However, procedural fairness dictates that both parties should be informed before the stay is lifted, as it affects the defendant’s rights and case strategy.

The Court has discretion to act without notice [CPR 3.3(2)] in urgent cases or where justified. However, CPR 3.3(5) requires the court to send a copy of the order lifting the stay to the defendant, and the defendant has 7 days to apply to set it aside, vary, or appeal it.

So, if a stay is lifted without notifying the defendant and without proper justification, the defendant can argue that this is procedurally unfair and amounts to an abuse of process. The defendant could apply under CPR 3.3(5) to challenge the decision, arguing that they were deprived of an opportunity to object.

Mattallicawolf

Car1980 said:

I'd ring Northampton and ask what the hell is going on.

If the stay was court-initiated, it could lift a stay without prior notice, but only if it deems it appropriate under case management powers [CPR 3.1(2)(f)]. However, procedural fairness dictates that both parties should be informed before the stay is lifted, as it affects the defendant’s rights and case strategy.

The Court has discretion to act without notice [CPR 3.3(2)] in urgent cases or where justified. However, CPR 3.3(5) requires the court to send a copy of the order lifting the stay to the defendant, and the defendant has 7 days to apply to set it aside, vary, or appeal it.

So, if a stay is lifted without notifying the defendant and without proper justification, the defendant can argue that this is procedurally unfair and amounts to an abuse of process. The defendant could apply under CPR 3.3(5) to challenge the decision, arguing that they were deprived of an opportunity to object.

So we should have been informed that the case was on hold at the very least?

Mattallicawolf

Hi all

We still haven't had any communication from the court or ECP on this after the stay case (we didn't instigate it) was lifted

Can we request the case to be struck out due to a lack of movement from the claimant? Does anyone have any experience in this at all?

Coupon-mad

You'd have to pay a three figure fee to make that application.

Mattallicawolf

Coupon-mad said:

You'd have to pay a three figure fee to make that application.

Wow ok, best let sleeping dogs lie then?