Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!!

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

What does this mean??

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

How do I even write a statement of truth???? Help somebody as i really actually dont know what needs to happen next!!!

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

I take it that this is a lost cause as no one is responding.

Should I just show up in court on the day???

[pt2537]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

I take it that this is a lost cause as no one is responding.

Should I just show up in court on the day???

You need to prepare your witness statement in opposition to summary judgment, in addition i would suggest you need to amend your defence too, and this will need an application.

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Thanks for your response.

How do i go about applying to change my defence?

[pt2537]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Ok well firstly, you need to establish the grounds of your defence, you should never copy what someone else has written on a forum as you will end up where you are now.

A defence should comply with CPR rule 16, it should answer the Claim and should set out the facts which you rely on.

You should amend the Defence in accordance with CPR rule 17 which sets out the rules on amendments.

If the Claimant will not consent to the amended defence then you will need to make an application.

You must also file within 7 days of the hearing a witness statement opposing summary judgment

[FlamingParrot]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

You must also file within 7 days of the hearing a witness statement opposing summary judgment

Even though the hearing is on August 25th, they've only given the OP till July 15th to do this as per document 'scan0006.pdf' in post 14. :mmph:

[pt2537]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Even though the hearing is on August 25th, they've only given the OP till July 15th to do this as per document 'scan0006.pdf' in post 14. :mmph:

thats shyte, the CPR is clear see CPR 24.5

Evidence for the purposes of a summary judgment hearing

24.5
(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –
(a) file the written evidence; and
(b) serve copies on every other party to the application,
at least 7 days before the summary judgment hearing.