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UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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FOR UK JUSTCE ONLY: N224 Application Notice - The Defendant

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FOR UK JUSTCE ONLY: N224 Application Notice -

The Defendant has filed an Application notice to strike out 5e to 5i of my Amended Particulars of Claim. He states that the Court did not provide permission for those Amendments. These Amendments were in regards XXXXX XXXXX BBQ/Picnic area, which was pleasded originally. The Defendants stated they would resolve the matter of the BBQ/Picnic area on 18.11.11, at a meeting with me at my Estate. I recorded the meeting, with their consent. They stated having the BBQ/Pcnic Area next to my block of flats was unreasonable on multiple occasions. They state another area of the estate, where I suggested was a more reasonable location. They also state they will do everything in their power to relocate the area.

The Defendants reiterated this commitment to remove the area in Nov 2011 and Jan 2012 to an MP and me.

Will I have to apply for an application notice in order to seek permission for the admendments, if the Defendant's order is granted. In the box for witness, statements, evdience, etc, can I provide the recording, then seek permssion and an order?

The solicitor who served this notice sat in my property and reviewed the recording of his own Clients admission and statements in support of my Claim. I think they are trying to drag this out, to incur more costs to me, and ultimately increase the amount they have to pay as Costs of Litigation in Fast Track.
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Did the Defendant serve a defence before you amended the claim?
Customer: replied 4 years ago.

At the telephone hearing/CMC yesterday, the Judge instructed the Defendant's solicitior that in order to strikeout the points in my Amended POC, he would need to file an application notice, These instructions came as the judge was reviewing the Defendants' Amended Defence, which asked for points 5e to 5i to be striked out, because he felt I did not have permisson by the Judge to make those Amendments.


 


Do you know the cost/court fee of his application notice? Do you know what fee I would pay for a cross application? Thanks!

Usually you should ask for the Courts permission.

So if they apply to strike out those parts then you can simply ask the Judge to use their powers under CPR 3.

What prejudice has the other side suffered - none.

Do they know what the claim is about - yes.

Therefore there is nothing to be gained by striking it out.

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Customer: replied 4 years ago.


sorry, I forgot.


 


1. Do you know the Court fee for this application to strikeout my Amended POC by the Defendant?


 


2. Does the Judge have to uphold the application by the Defendant? Or can she deny the application?


 


3. Do you know how much a cross aplication to seek permission would be, fee wise in case she upholds the Defendant's application notice?


 


Thank you so much, you have been a tremendous help to me.

Customer: replied 4 years ago.

Sorry, that was Application Notice 244

1. £85

2. No - its a matter of discretion

3. £85 as well.

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