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An application for strike out should be made as soon as possible but if possible as soon as practical after commencement of proceedings as per practice direction PD 23A.2.7. If possible you should make the application before allocation of the case or at the first case management conference. An application can however be made at any time after breach of an unless order issued by the judge of it can be made at trial after non attendance at trial by the other party.
So when you say quote "after commencement of proceedings", I assume then this event occurs after submission of the pre-trial checklist?
Commencement would occur when the initial clai form is issued to you notifying you of the claim
Claim form was filed back on 23rd November 2011 so I assume that timeline has expired?
Can I still send after pre-trial checklist deadline as I am still collating my evidence which I believe will be very convincing!
has the case been allocated a hearing date?
Not yet but I attended a Court Hearing Allocation Date on 15th May 2012 and judge then told me it will be allocated sometime in July 2012
The claimants accuse us of leaving our wheelie bins in the alleyway causing them nuisance but now they say there are NO damages, NO losses! They only want their 'costs' paid... seems a climbdown to me. Also I have photos (6 pages worth) secretly taken showing the Claimants also leaving their bins in the alleyway too now and then... double-standards! If I show the photos and videos to Court, do you think the judge will throw out this pathetic claim they put in?
You can make an application at this stage but if the judge has agreed to allocation it is less likely to be successful at this stage particularly on the basis that the judge would have expected you to make the application prior to allocation hearing but also because the judge will have reviewed the evidence from the claimant and will have accepted the same if he has allocated the same as he is free to strike out a statement himself without the need for an application from one of the parties. .
At the hearing the judge told me quote "you are bad as one another, just put your wheelie bin away" (referring to me), so I assume he has reviewed my evidence prior and knows the claimants also put or did put their wheelie bins and vans (based on photos I submitted as evidence) in the alleyway too. Perhaps by telling me to put the wheelie bin away, could the judge be hinting that he doesn't want such a trivial and petty matter to go to Court? Also I wrote to the Claimants telling them the reason I put my wheelie bin away was because of rising crime and burglary, i.e. nothing to do with their own complaint, and something I was even comtemplating after receiving advice and emails from the Metropolitan Police's Safer Neighbourhood Team. Please comment?
I think the claimants wanted to process a claim through their insurance and used the Courts as a stick to scare me as they kept telling me they would prefer mediation, even when they filed their claim in the Court! Perhaps they are running a two-horse race but the Court proceedings are now running ahead of themselves?
Perhaps. I suspect an application to strike is not likely to be met with a substantial chance of success at this stage though that is not to say that you may not wish to try if you feel that their claim is without legal merit.
Yes correct, the claim is without legal merit since why can one party do something with impunity (the claimant with my photos to prove), yet when the other party does exactly the same thing, it is wrong! What are your views?
There is a question of equity - coming with clean hands and of whether the issue amounts to substantial interference. I cannot go so far as to say that the claim has no merit - this is for a judge to decide but there would appear to be weakness to the claimants case based on what you say.
Is there anything else I can help you with?
Can I help you with anything else on the above?
That's fine. Thank you.
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