Managing Agent leasehold Property 4th Court Claim same issue.

[BlurredFX]

So the Jan 2016 claim is a claim from the new RTM company for amounts pre RTM company (the first RTM company that had no legal right ?)

 

Jan 2016 is claim2014 and yes - it is the post-rtm company, chasing pre-rtm debts.

[BlurredFX]

Not sure about this.

 

Whether the company has same directors, etc is irrelevant, this could be perfectly legit, my FH runs a management company that is in reality him under a different guise BUT its legitimate.

 

You need to show that the Man Co. had no right to collect charges.

 

 

I am not saying the company is not legit - just making it clear why there are differences and that shey should be treated the same.

 

I don't want to get into the whole caper of the service charges again on this case - that is why I want him to restore the old case. Making me fight the same case three times is clear abuse of process, surely?

[DonkeyB]

A claim brought on the same facts is an abuse of process – the claimant is irrelevant.

 

The sticking point is whether a judge would allow it, though it should not be allowed.

[andydd]

There is really good new high court case (its leasehold related but thats irrelevant) and it sets good case law for the fact that re-litigation should not be allowed except in exceptional circumstances.

 

 

http://www.lawgazette.co.uk/law/abuse-of-process/62366.fullarticle

[BlurredFX]

What do we think of the following?

 

APPLICATION FOR SUMMARY JUDGEMENT

 

1. Re-litigation and Abuse of Process

 

a) I request Summary Judgement pursuant to CPR 24.2 and/or I request the Claimants claim is struck out pursuant to CPR 3.4(2) (b) on the grounds this claim is identical to claim2011 and/or c) as the claimant it at liberty to restore claim2011. The defendant has submitted a wealth of documents and made various requests of the Claimant in that case (claim2011), to which he has yet to respond.

 

b) The claimant company in both cases is effectively the same - same Directors, same management sub-contractor, and funds were transferred from pre-rtm Company to post-rtm RTM Company once the RTM process was complete. I am up to date with the RTM company, all amounts have been paid since July 2014. The claimant company is claiming for alleged charges, prior to its incorporation or completing the RTM process

 

c) The circumstances in the current claim have not changed since the original claim nor has the Claimant asserted there are any new or additional facts which could possibly warrant the claim being bought before the Court again.

 

d) I refer to the “White Book – Civil Procedure Volume 1” (Sweet & Maxwell) and in particular the effect of rule 38.7 - “As a matter of common sense, where a claimant who has brought and then abandoned a claim ought not as a general rule to be allowed to start another claim arising out of the same facts.”

 

e) I invite the court to consider Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd, 14th September 2011, where the court stated: (1) The principles identified by the maxims nemo debet bis vexari pro una et eadem causa (no one should be vexed twice in respect of one and the same cause) and interest reipublicae ut sit finis litium (it is in the public interest that there be an end to litigation) should inform the court’s approach to CPR 38.7. It followed that there was an analogy between the principles to be applied to an application under CPR 38.7 and those applied by the courts under CPR 3.4(2)(b) with respect to Henderson v Henderson abuse of process.

 

2. Costs

 

a) The Claimant has commenced proceedings in relation to alleged arrears of Service Charges.

 

b) The proceedings constitute re-litigation and are an abuse of process. The original claim( claim2009) proceedings were defended and the claim was withdrawn. The claimant stated to the Court that the defendant had paid the claim, but that is not true.

 

c) The proceedings constitute re-litigation and are an abuse of process. The subsequent claim(claim2011) proceedings were defended and the claim is currently stayed with either party at liberty to restore.

 

d) Taking into account b) and c) and the fact that this current claim is the Claimant’s attempted ‘third bite at the cherry’, I request that under CPR27.14 (2) (g) I be allowed to recover my modest costs at the Litigant in Person rate of £18 per hour.

 

e) The nature of the case being one of re-litigation required that I spend time in locating and examining the documents and other papers which related to the earlier proceedings.

 

f) I was obliged to spend time in considering and understanding numerous strands of law including landlord & tenant and re-litigation law, researching previous precedents and practice and procedure in the county court which was achieved through internet, library research and purchasing books on the subjects.

 

g) I was obliged to spend time drawing my defence and application to defend and the Summary Judgement/strike out application in a way which complied with the relevant rules and practice directions of the Civil Procedure Rules.

[andydd]

All looks good but not sure about b).

 

Either a company has a right to begin legal action or it doesnt, the background of the company is NOT relevant, if you watch Watchdog/Rogue Traders you will see that Mr X sets up a company that gets banned/nicked whatever, he can set up a new company and operate quite legitimately as the new company is legit, its owners/directors etc are irrelevant..it is purely just the Company that matters.

 

In your case a RTM would normally have right to collect service charge etc but not ground rent/forfeit stuff, your argument is first RTM wasnt properally setup or something therefore the power wasnt handed over from freeholder to RTM and it had no right to demand anything !, I think Im right yes |?

[BlurredFX]

Excellent, looks like I can get this boxed off today. Fantastic. Thank you.

 

b) The claimant company in both cases is effectively the same - same Directors, same management sub-contractor, and funds were transferred from pre-rtm Company to post-rtm RTM Company once the RTM process was complete. I am up to date with the RTM company, all amounts have been paid since July 2014. The claimant company is claiming for alleged charges, prior to its incorporation or completing the RTM process

 

I've got that in there, as I am anticipating them claiming the new company (post-rtm) has all of a sudden developed the right to collect debts from before it took over (before it was even formed) - which is what the Managing Agent told me at a recent meeting. That said - perhaps it should go in the witness statement?? I'll move it.

 

The semantics of which company has what rights for when and why, continues below::

 

your argument is first RTM wasnt properally setup or something therefore the power wasnt handed over from freeholder

 

Basically, correct. "first RTM" (pre-RTM) was not an RTM at all. Historically in about 2003, it was set up to deal with communal cleaning and gardens due to absent LL. That was in 2004. Since 2004, the Managing Agent was bought out, and the original directors of our (preRTM) company moved out. New directors and Managing Agents took over in terms of personnel, and they assumed they had LL authority - but they don't, as they seemingly found out when I asked them for their paperwork!

 

Prior to 2014, things were being managed by pre-rtm company that had no formal arrangement with LL. I have it in writing that they are not allowed to collect ground rent, for example, and also that the arrangement is informal and can be discontinued at any time - from the LL. My argument is I was never a part of it, and I was never happy with the arrangement, hence I never paid. My contract was with the LL, he hasn't assigned anything, and can theoretically turn up, do the decorations and maintenance contractors, and send us the bill - despite residents paying a monthly service charge to another company. On their bills they are saying they are LL - there's loads to work on if this goes against me. It's similar to someone turning up, washing your windows, and knocking on the door for a fiver afterward. Fine, if you wanted your windows cleaning, less so if you don't!

 

In 2014 a new RTM company was properly formed, and notices served on LL etc. Since then, we are legit RTM. Before then, it was a convenient collection of neighbours getting together to look after things. I never wanted part of that informal arrangement - there's been no redecoration as stipulated by the lease, and now our timber windows are falling out!

[DonkeyB]

Keep it clear that it’s also the identical cause of action, ie. the PoC essentially, that causes the abuse of process, not just the claimant.

 

Even if this app fails, there will have to be a trial, so there’s nothing to lose.

[BlurredFX]

Even if this app fails, there will have to be a trial, so there’s nothing to lose.

 

Exactly - except my time and stress, but you know - I am built of stern stuff. I was lucky a number of times to make it through 2015. This b@st@rd has been chasing me ever since I went into hospital in 2011. He got one judgement in default, and tried for a second. That's the level of people we are dealing with. They was willing to repossess my home while I lay dying. He specifically waited until I was nearly dead - both times I was ambulanced out of here. I WAS dying - which is why I have had 18 months of stays because the medical evidence was massive.

 

If I have to fight it from square one, then fine. C'est la vie. Hopefully the judge will see it for what it is.

 

2016 is looking much better.

 

B:)

[BlurredFX]

As I am responding to his claim, do I need to fill in an n244 when requesting these orders?

[DonkeyB]

You are effectively applying to lift the stay and have the claim struck out as an abuse of process. Ask that if the strike out fails, you be allowed 28 days to enter a defence, and also request an order that the claimant provide the documentation you need to respond to the claim (which you need to specify).

 

Make sure your accompanying WS gives the appropriate background so the judge has a rounded view of the claims.

[andydd]

Yes that makes sense to me

[BlurredFX]

Lift the stay on claim2011 - yes! After this one (2014) has been struck out. I suppose the judge could, of his own volition, restore claim2011. Suits me.

 

Claim2014 I want struck out as an abuse of process. That's what this lot is about.

 

Claim2011 I want restored so I can submit my evidence. The next step, depending what happens.

 

The claim from 2009 isn't that relevant.

 

I am just gtting everything bundled up and the appropriate docs sent to either the claimant or the court.

[steampowered]

Hello - have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24 and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24/pd_part24 to get an idea of procedure.

 

You would apply for this by filing form N244. In the box you say something like 'I intend to apply for an order that: (1) the Defendant be granted summary judgment under CPR Part 24 against the Claimant, on the grounds that the that the Claimant has no real prospect of succeeding on the claim, (2) the Particulars of Claim be struck out under CPR Part 3 as disclosing no reasonable cause of action, and (3) the Claimant pay the Defendant's cost of the action on a summary assessment basis.' You would then attach a witness statement.

 

I think you've done a great job making it clear what you are asking the court to do, but I think your statement needs to be a little more detailed with regards to the facts. On CAG we have the benefit of being able to read a 15-page thread but the judge will not have this. When the judge comes to read your statement he will know nothing about your case and he does not have time to play detective. You need to provide a clear, concise, factual summary of what has happened and what has already been litigated.

 

I also think you should be attaching the key documentation from the previous cases to your witness statement. The history of all this is obviously key and so you need to provide the judge with easy access to the documentation you are talking about.This means the claim form, particulars, defence and any court orders made in the other cases. You should also be specifically referring to the relevant court orders in your statement so that it is clear to the judge exactly what you are talking about - for example, if you are saying the 2011 case was stayed, you refer to the specific order which says the case was stayed. The documents should be in chronological order.

 

The easiest way of doing this will probably be to have short, numbered paragraphs briefly stating the key events that have taken place in chronological order. I would probably structure your statement as follows: (1) one sentence summary of what you are asking the court to do, (2) clear chronology giving the factual background, (3) clear explanation of what you are asking for and (4) attach all documents the judge may need to read.

[andydd]

I agree with the above, you must think that the Judge is someone who knows nothing of the case and must read a page or two on information and be able to make a decision from it.

 

Sometimes its easy to think my landlord/or XX is clearly a horrible devious person, all your family and friends know this BUT the Judge comes to it without a completely clear unbiased mind, it could be that the other side makes allegations against you, its upto the Judge to decide who is right or wrong SOLELY upon the limited information in front of him.

 

Ive been lucky in that Ive had same Judge a few times and on one occassion commented that andydd has made applications before the court before AND with some justification

[BlurredFX]

Hi Guys,

 

Massive thanks for this, I hope you got my DM's - I have not been ignoring you, I just had a time dependent and rather pressing issue to deal with last week. I have a few bits to do this week, but I should be able to manage everything!

 

Hello - have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24 and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24/pd_part24 to get an idea of procedure.

 

Thanks for the links, I am trying to understand them. It complicated stuff. I have an engineering degree, and used to work in the finance sector. Numbers are much easier for me!

 

You would apply for this by filing form N244. In the box you say something like 'I intend to apply for an order that: (1) the Defendant be granted summary judgment under CPR Part 24 against the Claimant, on the grounds that the that the Claimant has no real prospect of succeeding on the claim, (2) the Particulars of Claim be struck out under CPR Part 3 as disclosing no reasonable cause of action, and (3) the Claimant pay the Defendant's cost of the action on a summary assessment basis.' You would then attach a witness statement.

 

Steampowered, I don't think I posted the Application up here. It was very similar to andydd's - I have checked the CPR references etc as best I can, and they seem good insomuch that my reading of them seems to make the applicable. I will post it up again, if required.

 

I think you've done a great job making it clear what you are asking the court to do, but I think your statement needs to be a little more detailed with regards to the facts. On CAG we have the benefit of being able to read a 15-page thread but the judge will not have this. When the judge comes to read your statement he will know nothing about your case and he does not have time to play detective. You need to provide a clear, concise, factual summary of what has happened and what has already been litigated.

 

I think you are right, and I need to draw up a timeline and send it back assuming I get my documents back. I will also serve copies on the claimant.

 

I also think you should be attaching the key documentation from the previous cases to your witness statement. The history of all this is obviously key and so you need to provide the judge with easy access to the documentation you are talking about.This means the claim form, particulars, defence and any court orders made in the other cases. You should also be specifically referring to the relevant court orders in your statement so that it is clear to the judge exactly what you are talking about - for example, if you are saying the 2011 case was stayed, you refer to the specific order which says the case was stayed. The documents should be in chronological order.

 

With my submission, I did include a copy of the Order (dated 13/3/13) allocating claim2011 to the SCT and scheduling a hearing as well as a copy of the order adjourning claim2011 (dated 31/5/13). I didn't include the notice that the judgement had been set-aside and removed from the register. I will include this in the revised submission.

 

The easiest way of doing this will probably be to have short, numbered paragraphs briefly stating the key events that have taken place in chronological order. I would probably structure your statement as follows: (1) one sentence summary of what you are asking the court to do, (2) clear chronology giving the factual background, (3) clear explanation of what you are asking for and (4) attach all documents the judge may need to read.

 

I also need to dig the last of the documents, and submit them as well.

 

Ive been lucky in that Ive had same Judge a few times

 

If that happens to me, that's half the battle won! He came down on my side in the end, but as I had a counterclaim for the money already paid (by mortgage co), the judge wasn't willing to strike it out unless he could be sure he hadn't got the LL onboard and gone for possession. I now have the correspondence he had with the mortgage co, and he didn't link up with LL, because there was never a relationship, which is the whole of my case.

 

Just as an aside, his claims are all for "Service Charges" but his communications with the mortgage co refer to "Service Charges and Rent". He's just a sneaky horrible man. He's done a half decent job in making this all much harder by having so many different cases and relitigating things - which is half the problem I have communicating it on here. But, We're getting there. Thank you.

[BlurredFX]

I also think you should be attaching the key documentation from the previous cases to your witness statement. The history of all this is obviously key and so you need to provide the judge with easy access to the documentation you are talking about.This means the claim form, particulars, defence and any court orders made in the other cases. You should also be specifically referring to the relevant court orders in your statement so that it is clear to the judge exactly what you are talking about - for example, if you are saying the 2011 case was stayed, you refer to the specific order which says the case was stayed. The documents should be in chronological order.

 

That's a lot easier now I have found all the documents!!!!! Thank Goodness! I will now be able to submit a more comprehensive history to the court to help with the decision. Assuming I get everything back!

 

I was getting to the end of the last pile and there it all was! It always the last place you look, but this was the last place left to look! Phew. A few of them have become dogeared, but I guess that doesn't matter all that much.

 

I might just request all the documents from claim2011 anyway - just so I have a nice neat freshly printed version from the court. Isn't it a tenner plus 10p a sheet?

 

I hear your comments about including other documents, but isn't the whole point of summary judgement is that it be struck out on the basis the claim being re-litigation? Thus avoiding having another trial based on the same facts?

 

Anyway... I have been reading the CPR24 links provided and it's taken me about half an hour to half satisfy myself that I complied with practice direction 24.2(3)b that i must "state that it is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue or (as the case may be) of successfully defending the claim or issue to which the application relates,"

 

So, I am thinking the things I need to add to my application are a timeline and additional documents.

 

Is my point about all the other evidence best being left for the other case valid, or do we think it would be best if I just included the whole lot (evidence, requests etc) from claim2011? Surely this issue is about re-litigation, and the judge can agree or not? If he doesn't agree, then I can submit the rest of my evidence and all the rest of it, and basically fight the claim again - only this time with the crucial evidence i need.

[BlurredFX]

Dear Sirs,

 

Further to my recent submissions regarding the above case, please find below a timeline events relevant to the case and the other (already litigated) cases associated with it. There are 23 numbered pages following, showing the following course of events.

 

In relation to claim2009

 

08/07/2009: The Claimant starts claim claim2009,

 

10/08/2009: In relation to claim2009, the Defendant issues a CPR request that the produce documents supporting his claim

 

16/09/2009: In relation to claim2009, the Defendant submits his defence that the claim does not contain sufficient particulars to plead.

 

18/09/2009: In relation to claim2009, the Court issues a Notice that a Defence Has Been Filed

 

13/11/2009: In relation to claim2009, it is Ordered that "Unless the claimant files an allocation questionnaire (and pays the allocation fee) within 7 days from service of this order the claim (and any defence to any counterclaim) shall be struck out without further order of the court (and the Defendant shall be at liberty to enter judgement on the counterclaim)

 

15/12/2009: In relation to claim2009, a hearing is scheduled and the Claimant is ordered to produce all the documents upon which he intends to rely.

 

15/02/2010: In relation to claim2009, a hearing is held. The claimant did "purport" (the Judge’s word) to have sent copies of certain documents to the defendant and the court, but neither the court nor I received any actual documents.

 

22/02/2010: In relation to claim2009, it is ordered that 1. The claim be stayed to enable the parties to endeavour to reach a settlement. 2) if no application made to restore by Tuesday 6th April 2010, the claim be struck out.

 

24/03/2010: In relation to claim2009, the claimant serves many documents on the defendant, none of which establish any liability of the Defendant to the Claimant.

 

01/04/2010: In relation to claim2009, the claimant applies for the claim to be restored. His letter to the Court does not accurately reflect what had previously happened.

 

15/04/2010: In relation to claim2009, the case is restored upon application of the Claimant and a hearing is scheduled for 27/07/2010

 

27/07/2010: In relation to claim2009, I spoke with Susan Fantom at Southport CC, who confirmed that the Claimant had withdrawn his case.

 

 

In relation to claim2011

 

11/05/2011: In relation to claim2011, the Claimant becomes aware the defendant have been rushed into hospital via emergency ambulance. Submits In claim claim2011 to the Court

 

25/08/2011: In relation to claim2011, Judgement in Default awarded in favour of the Claimant.

 

20/09/2012: In relation to claim2011, Defendant submits Application that the judgement be set-aside

 

25/10/2012: In relation to claim2011, Notice of Hearing Application sent out.

 

15/01/2013: In relation to claim2011, a hearing is held to hear the Defendants application for the judgement to be set aside. The Claimant does not attend.

 

18/01/2013: In relation to claim2011, the Court orders that "1. The judgement be set aside. 2. The defendant may file with the Court and send to the claimant his Defence and Counterclaim by 4pm 13 February 2013.

 

18/01/2013: In relation to claim2011, the Court issues a Certificate of Satisfaction of Cancellation of Judgement Debt

 

13/02/2013: In relation to claim2011, the court issues Notice that a Defence Has Been Filed

 

13/03/2013: In relation to claim2011, the case is allocated to the small claims track, and a hearing scheduled for 27/03/2013. It is ordered that "Witness statements must be included in the documents filed and served." The claimant fails to produce any documents.

 

03/04/2013: In relation to claim2011 the Court orders "Unless the Claimant pays the hearing fees by 12 April 2013 the claim shall be struck out"

 

18/04/2013 In relation to claim2011 the Court order that "The Claimant having failed to pay the hearing fee as required by the Court, the claim has been struck out and the Claimant is liable to pay the Defendants costs unless the Court orders otherwise"

 

29/05/2013: In relation to claim2011, a hearing is held. Claimant does not turn up. Defendant becomes aware claimant alleges the Defendant paid 9DC1237 in full. The Defendant never paid a penny.

 

31/05/2013: In relation to claim2011, the court issues an order that "The claim be adjourned generally with liberty to restore on the application of either party.

 

In relation to claim2014

 

22/08/2014: Upon hearing that I had once again been rushed into hospital via ambulance, the Claimant started claim2011, perhaps hoping for judgement in default again.

 

17/11/2014: claim2014. Court issues a stay until 13/02/2015. Upon presentation of the Defendants medical evidence, the stay was extended a number of times up to 11/01/2016.

 

 

I trust the above will help in understanding this complicated case.

 

Yours faithfully,

Edited January 22, 2016 by BlurredFX
Final draft 220116 at 1247

[BlurredFX]

In the Matter of

Claimant

-v-

Defendant: BlurredFX

 

SKELETON ARGUMENT AND DRAFT DEFENCE

 

1. The claim is largely the same as claim claim2009 and claim2011, as it seems based on the same basic tenets, but with some confusion regarding the actual start dates. Claim claim2009 was withdrawn in July 2010. Despite the Claimant informing the Court that claim2009 had been paid, in fact no payment was made by the Defendant to the Claimant, or anybody else in relation to that claim. As such, the claimant has not sought permission to re-litigate as required by CPR 38.7 and the claim should be struck out as an abuse of process.

 

2. The Lease shows a contract between (The Original Landlord) and Mr Joe Egg, who owned the Leasehold before the Defendant. This lease was subsequently purchased by the Defendant in Aug 2006 as shown in the Land Registry Document

 

3. The title deed from the Land Registry show that the remainder of the lease (approx 990 years) - was assigned to New LL Limited 20 January 2012, as shown in Document obtained online from HM Land Registry

 

4. The Claimant is not the Landlord referred to in the Title Deed, in the Lease, nor is he mentioned within the Lease and nor is he a party to it. None of the rights or responsibilities of the Landlord have been transferred to the Claimant. As such, the Claimant has no right to collect Service Charges or Ground Rent.

 

5. The Landlord in his letter regarding Blurred FX's Flats of the 11th January 2012 in relation to various matters about the building states "...although neither the previous freeholders and/or New LL are `clients of Claimant Limited"'.

 

6. In the same letter as (5), New LL also states "Claimant co, who are not named in the Lease and technically therefore maintenance obligations are unenforceable against or by that company,...".

 

7. In the same letter as (5), the Landlord also writes "Finally whilst we appreciate that you are not authorised to collect ground rent and indeed assume you have not therefore been collecting ground rent can you please confirm for the avoidance of doubt that you have never collected any ground rents from any leaseholder in connection with this building". But in his correspondence with the Defendant's mortgage company on 29th September 2011, he claims for ground rent under threat of a s146 Notice! The Landlord has confirmed to the Defendant that no ground rents have ever been received.

 

8. Additionally/alternatively the Management Agent employed by the Landlord is Someonelese Limited, and not the Claimant.

 

9. Additionall/alternatively the claimant has failed to establish any liability of the Defendant to the Claimant.

 

10. Additionally/alternatively, the Defendant believes the insurance was in fact invalid, as described in the letter from New LL to the Claimant on 11 Jan 2012, a copy of which was supplied by New LL to the Defendant with New LL letter of 15th February 2012. As technically the building is/was uninsured, the charge is invalid.

 

11. The Service Charge demands do not comply with s21(b) of The Landlord and Tenant Act 1985 and therefore the Defendant is using his right to withhold payment. Should any valid demands be issued then any costs incurred more than 18 months prior are unrecoverable due to s20(b) of the LTA.

 

12. The Service Charge demands did not contain the name and address of the Landlord as required by s47/s48 of the Landlord and Tenant Act 1987

 

13. Administration Charges are not payable as there is no provision within the lease allowing such charges.

 

14. Alternatively, Administration Charges are not payable as as the demands for payment did not come accompanied by the Administration Charges - Summary of Rights as required by Schedule 11 of The Commonhold and Leasehold Reform Act 2002

[BlurredFX]

Just to keep you up to date, letter from the Court:

 

Before DDJ So-and-so sitting at CCMC, PO BOX, A11XX

 

Upon reading an Application from the Defendant

 

IT IS ORDERED THAT

 

1. Transfer to ZZZ County Court for the application to be listed.

 

2. Because this Order has been made on the application of a party without notice of the hearing being given, any other parties.... blah blah

 

Dated th Feb

 

By looking at the dates on the Order, it took a week from the judge deciding what to do, to getting the letter typed and sent. It arrived a four days ago.

 

So I presume this means that the file will go before a judge at my local court? Who will then decide what to do? Which I would think would be a hearing for my application?

 

Just one thought, when I filed my skeleton Defence, I didn't include for the most important thing - that the whole building has not been managed in accordance with the lease! Such as, no internal or external decoration, which are due to be done every four years according to the lease, and the place is looking really scabby as a result! Don't start me on the double glazing he consulted for, and has now found he can't install because we're in a conservation area... the incompetence just goes on and on.

 

Random question: is a Circuit Judge a junior or a senior Judge or what? I only ask because the last stay was dealt with by a Circuit Judge.

 

Cheers guys,

[AndyOrch]

https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/judicial-roles/judges/ciruit-judge/

[steampowered]

Can you remind me what stage you are at with this case and what has been filed?

 

I assume the application which is due to be listed is your application for summary judgment. If so, a hearing will be arranged to hear your summary judgment application. You need to read and understand https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24. In particular https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24#24.5 for the rules around serving evidence you wish to rely on at that hearing.

 

You do not have an automatic right to amend your defence. If you want to amend your defence, you will need the permission of the claimant or the permission of the court.

[BlurredFX]

Hiya SP,

 

This case was stayed until 11th Jan 16, when I had to submit a "detailed defence".

 

The order I requested is: (there is more to it, but this is it in essence)

 

1 a) I request Summary Judgement pursuant to CPR 24.2 and/or I request the Claimants claim is struck out pursuant to CPR 3.4(2) (b) on the grounds this claim is identical to claim2011 and/or c) as the claimant it at liberty to restore claim2011.

 

(plus costs)

 

so I figure that it will be a hearing to consider that application.

 

Along with that application, I submitted a skeleton defence to the claim as a whole - but didn't mention the bit about the property becoming delapidated. I believe I have a right under Section 21B (3) of The Landlord & Tenant Act 1985 to withhold payment if they aren't looking after it properly. I need to double check that bit. Am I correct in thinking this is separate to the application.

 

I think I getting mixed up between this application, and my defence to the broader claim as a whole?

 

With regard to "CPR 24.5 Evidence for the purposes of a summary judgment hearing", I am actually looking to amend my skeleton defence - it is unrelated to the application for a strike out/summary judgement.

 

Where you say

 

You do not have an automatic right to amend your defence. If you want to amend your defence, you will need the permission of the claimant or the permission of the court.

 

How would I go about adding to my defence in general? The claimant won't co-operate, so how do I request such?

 

All as I would like to add is that I withheld Service Charges under Section 21B (3) of The Landlord & Tenant Act 1985 as the property wasn't being maintained properly or at all, and include evidence of the same.

[andydd]

Adding/amending to defence is a bit of a pain do dong do it unless you really have to, you have to make an application, pay a fee, other side can request a hearing I think. Only do it if your defence has something real important missing.

[steampowered]

How would I go about adding to my defence in general? The claimant won't co-operate, so how do I request such?

Read https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17#17.1. It would probably ultimately mean making an application to court on your N244. Perhaps this could be dealt with at the same hearing as the hearing for your summary judgment application.

 

All as I would like to add is that I withheld Service Charges under Section 21B (3) of The Landlord & Tenant Act 1985 as the property wasn't being maintained properly or at all, and include evidence of the same.

If your defence already makes the point that the property was not being maintained, it is not necessary to amend your defence to a reference to the L&T Act. The defence needs to state the points you are making but does not need to provide all details.

 

If your defence does not refer to the property being maintained, then it may be worth amending your defence. You may find it difficult to introduce totally new points at a trial if they have not been mentioned in the defence.