Claim against client that country hops

[Desperate Daniella]

Thank you.

 

Have a great weekend.

[Desperate Daniella]

As I expected she has not responded at all.

[genie101]

This sounds as if it is going to go to trial because she is clearly an unreasonable individual.

 

Summary judgment applications are difficult as there is a high burden for you to overcome. Basically, you have to prove her defence is hopeless and fanciful. From experience, where the matter rests largely upon who is telling the truth and who is lying, Judges are reluctant to grant summary judgment as there is always some chance that the defendant's version of events will be preferred at trial. The Judge at a summary judgment hearing will not deal with the matter in the same way as a trial. He will not be drawn into the detail of the evidence - he will concentrate on the legal arguments and whether she has a defence in law with a chance of success. The application will need a hearing so the court application fee would be £80. If the application were unsuccessful, you would not be able to recover that sum.

 

If you want to pursue the application, you should first call the court to obtain an indication of when the hearing would likely take place.

[Desperate Daniella]

Hi genie101, and thank you for your thoughts.

 

I have phoned the Court and a Summary Judgment hearing is unlikely to be more than a couple of weeks before the actual (re-arranged) hearing date, so it is not going to be worth it. Also the Clerk said that if the dates are close together the judge might decide to hear it all on the same day so I would have wasted £80.

 

I am not happy because "somehow" my letter asking for a change of date was not put on the system. Firstly they said they hadn't received it but miraculously when I said I had received an email acknowledgment and gave them the time they managed to find it after all! Last week they told me not to inform the Defendant that I wished to change the date; this week they are saying I should have written to her which I did yesterday.

 

She has not replied to either of my emails which makes me wonder if she has gone away somewhere. In response to my offer of settlement I would have expected the usual semi-sarcastic reply. I really didn't think she'd try to settle, but at least I can tell the Judge I've tried. I've emailed her solicitor to see if she is in the country or not.

 

I cannot believe how slowly the courts are moving at the moment.

 

DD

Edited March 25, 2014 by honeybee13

[Desperate Daniella]

She has replied and said she won't object to the date being moved but also says she won't be around for a lot of July and August. I asked for dates so I can give them to the Court but haven't had a response. I don't want the Court to re-list the date and find she can't make it.

 

As far as the offer of settlement is concerned she just acknowledges it but makes no comment. I hope she is still thinking about it especially in light of the fact that I brought her attention to the "untruth" she has told about the third party which he has confirmed in writing to me.

 

DD