Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED

[NoJusticeJustUs]

Ok then,

 

so if a claim is brought and it has poor/non existent POC - not properly pleaded and the claimant say in their allocation questionnaire that they do not have to comply with pre-action protocols..having not contacted you prior to submitting this to the court,

 

and you put in a great deal of supporting info to yours including this fact and request either a strike out or disclosure, having already served a notice for disclosure under CPR 18 and 31.14 etc on the claimant (no response within prescribed time limit, so no docs to base amended defence upon and original defence could be said to be embarrassed)

 

and then you get...

 

A Notice of Allocation from the court stating that:

 

*A strike out has not been granted but any application for one should be made properly and on reciept of notice

 

*Disclosure should be made of copy documents and statement (- but no list of what should be disclosed altough an order for disclosure was also put forward in the AQ)

 

*Pre-trial checklist to be filed

 

What would you make of this? If you have gone through all the recommended steps... what would you do next?

[NoJusticeJustUs]

The defence was very short - 2 paragraphs. Straight to the pojt - no case law.

 

The allocation questonnaire spporting info was long - as advised by the court officers.

[NoJusticeJustUs]

Just to clarify, maybe advised is a bit strong then -they said to include as much info as possible.

 

Anyway, is all resolved now, so no strike out will be necessary.

 

The court staff couldn't have been more helpful - and also thanks to CAG - invaluable!

 

People do need to be careful as it is easy to get tripped up when you are going it alone!

[NoJusticeJustUs]

Hi again,

 

pt 2537,

 

when you say you could or would not file a defence because of no agreement - would you say that on the acknowledgement? Cos obviously if you filed nothing, then they would win by default.

 

So, if the POC were inadequate and did not comly with the CPR - part 16 - I think it is - could you not just go for a strike out straight away based upon this fact - i.e this is based upon the fact that the case might for instance rely on a written contract and they have not supplied one attached to the POC?

 

How does this square with Ruprecht's comment that claimants are pleading that they do not have an agreement?

 

So, this would mean that everyone who receives a claim form would need to scrutinise them first to make sure that the POC is compliant - before doing anything else?

 

I thought that the CPR was meant to ensure active case management by the judges? Would they not pick up on such blatant abuse of process?

 

So, are you saying that you must be pro-active and take every opportunity - i.e apply for strike outs etc whenever it appears possible? - at every stage?

[NoJusticeJustUs]

As pt2537 has said - it is about how you start off if you are being sued.

 

Look at the POC and see if it stands up to scrutiny - and then take it from there - being proactive and asking for proper help if you are not sure.

 

It would seem that many of these claims would not get off the starting blocks if correctly addressed. After all, if it was you bringing a claim, you would surely expect to have to present something which actually stands up as a proper claim. This applies to everyone and it is everyone's right to ask that the proper procedures are followed.

 

Panic sets in when the threatograms are coming through the letter box - we know the feeling well. And then when a blue one arrives, well...

 

It is easy to look too far ahead and start preparing too far ahead. I think what is being said is that people need to take it one step at a time, check what they are dong and ask for more professional help if required.

 

This site has fantastic templates and plenty of help on hand and as long as you ask for it in good time things can be addressed.

 

From the threads I have seen it appears best to ask each question as it arises in each case as every one is bound to be a bit different.

 

If you are going it alone and are quoting lots of case law, IMHO you would need to be able to argue the points and understand it all. Plus as it relates directly to you it is easy to see it a bit skewed whereas someone outside the situation would probably look at differently. I guess this is why doctors are not supposed to treat close family and friends.

 

pt 2537 and the rest of the knowledgable CAG team/subscribers are extremely generous to give their time in this way - thank goodness they are there. I expect they must get a bit frustrated sometimes re-iterating stuff!

[NoJusticeJustUs]

Does the agreement look enforceable?

 

If you are unsure how it should look, have you asked one of the site team?

 

Why did you send them a copy of DN?

 

As claimant, they need to prove to you and the court that they have supplied all docs - not other way round.

 

My understanding is that if docs are mentioned in POC, then they have to be produced in court and you can ask for order for disclosure, but again check first with someone more knowledgable.

 

I think you could use the signature guard thing, or just sign with other hand! (or print it).

 

And to go back a step, you might be able to ultimately go for a strike out based upon the fact that docs not supplied. Again I think you should check with site team or someone more knowledgable. I think you could hit the red triangle if urgent, otherwise, someone will be along soon.

 

Keep smiling!

[NoJusticeJustUs]

Did you put on your CPR request that if they did not comply, then you would go for strike out? If so, then they know the score.

 

Remember that pt2537 said to be proactive - so you could go straight ahead and ask for strike out on a number of counts by the sound of it. £75.00 well spent. Why do you have to wait til AQ if they have not supplied the docs? Maybe I am wrong on this. I am sure that someone will put me right if so.

 

If it does get that far, then in the AQ, could you ask the court to give directions regarding whether you could go for a strike out if the court would not do it automatically? - which they apparently don't like to... Just a thought as it might save you £75.00.

 

Would be even better if you put a corkin AQ additional info in, copied to them and then they discontinued before you had to pay for a strike out. Stranger things have happened!

[NoJusticeJustUs]

Ok, fair comment. I got my info partly from the following post from surfaceagentx20 posted on 11 Sept 2008.

 

Re: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

Sorry, don't know how to link posts - am still a newbie really.

 

Hope all goes well with your cases!