John thank you for this very clear answer and you have confirmed exactly what I thought, I think he has little if no chance of being able to strike out as what he said was litigious libellous and in black and white. When you say provide a Witness Statement - do you mean from me or my friend of 30 years or both? Can I request it just be heard before a Judge? If so you say 28 days notice for a Jury,how long for a judge trial? thanks fora speedy answer : Ffion
System of Law: England-and-Wales
I have been asking questions and receiving good answers for over a month re this issue I need to ask another question or 2 though just sent to John Knox
Hello,The witness statement would be from you, that is how to set out your evidence in response to the strike out application if it is made.The norm these days is for Judge trials rather than Jury and the Judges prefer that. So, if you do not request a Jury trial, you can be sure that there will be a trial by Judge alone. The Judge will clarify that when he fixes directions after you submit allocation questionnaires.If the strike out app is made, please get in touch and I can help with the format of your witness statement in response etc.Best wishesJohn
Solicitor and Advocate
Many thanks John, this is great advice and it is also what I wanted to hear, speak again probably, million thanks for saying you'll help with witness statement format, I shall need that, his Defence Partics (unless he apologises which I don't think he will) are due latest 3/7, then of course I think I have 2 weeks to respond to those although I'll probably respond to them pretty quickly. Million thanks again speak soon : Ffion
You are welcome, Ffion, speak to you soonJohn
John I am going to have some more questons - basically he refuses to apologise in accordance with the proper wordiing retracting his ill founded defamatory e-mail, I have made it clear I wish to settle out of court, (obviously on that basis), they are now saying they have the right to apply to strike out the claim before they serve their Defence Particulars normally due on 3rd July, is this true, and if so, will there be a hearing or will submissions be by post and what is your advice here, clearly given the fact he has libelled me dreadfully in black and white I strongly suspect as you say he will not be successful, please advise soonest many thanks : Ffion
FfionIt is correct that they can apply to strike out prior to submitting a defence. Making a strike out app will essentially stay the proceedings until the strike out has been determined. If their strike out app is unsuccessful, which I suspect it will be given what you have said, they will then have more time to submit a defence. If an app is made, it will be dealt with at a hearing and as we discussed, the Judge would only strike out your claim if he thought it entirely without merit, vexatious, scurrilous, and ill-founded. All strong words. If your claim has any merit at all, it will not be struck out. Bear in mind as well that, as you act as a litigant in person, the Judge will bend over backwards to help you. As for the expensive West End firm, the Judge will give them short shrift if they bring a bullying strike out app which itself has no merit!! Best wishesJohn
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