How Do I Apply To A Judge To Have A Case Thrown Out?

[joko]

hello

this question refers to a question i asked about CCJs the other day

How to I apply to the judge to throw a case out? the forms seem to only be for my court defence.

I am assuming I still need to prepare my defence in writing and send it to them, but what do i actually do with the forms?

Also if i do this, does it mean the case is dismissed? - or does it mean she can come back another time with more or less the same case but 'fleshed' out?
or is that she cannot bring another case one me?

the case is silly, and based on her being in a huff, so i think a judge will throw it out.

Thanks
joko

[New Judge]

You cannot have it "thrown out" unless you explain why. And that's where the forms come in.

[Barmaid]

First you must file and serve your Defence - saying why you do not owe her the money. In your defence you must "admit, deny or put to proof". If you deny something, dont just say "point one is denied", say WHY point one is denied. Further info is in CPR parts 15 and 16 which is to be found here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules

You MUST file and serve your defence in the time allocated.

Once you have done that, you can then apply for summary judgement. More info is in CPR 24. To succeed on SJ, you have to show that the case has "no reasonable prospect of success".

O

[Jackdaw33]

I remember from my law studies quite a while ago that a judge could throw out a case where the plaintiff (now claimant) could be shown to be a 'vexatious litigant'.

[joko]

thanks all
ah i understand - i thought it was a separate process - that you chose to either defend in court or to have it thrown out

i do think the judge will think its a ridiculous case

so basically - i send my forms and defence as i had planned ... do i request on them that its thrown out? or let them decide that?

[joko]

barmaid - i have just read that bit - and it seems to imply that only a claimant can apply for an SJ ... is that correct? I cannot see a bit for the defendant
thanks

[Buenchico]

>>>I cannot see a bit for the defendant

Quote;
"The court may give summary judgment against a claimant or defendant . . . "
Source (from BM's link):
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24#24.2

[joko]

yes buenchico - i know it mentions it - but from then on it only seems to mention the claimant and what they can do - procedure etc, it doesn't tell me anything of use to me - its all about the claimant
thanks

[Peter Pedant]

The girl who does this full time has told you to file a defence
so do so !

then read up the rules for throwing it out. when I tried it I found early on that I didnt satisfy the quite strict requirements ( or else everyone would do it, defeating the purpose of courts )

Jackdaw's bit on vexatious litigants isnt helpful - one case isnt vexatious for a start...

[Barmaid]

Sorry, I only had time to answer quickly yesterday. It's a bit difficult to know what forms you have (the forms differ slightly depending on what type of claim it is and which court you are in).

I assume the firm form you have is the Acknowledgement of Service which is probably form N9. First fill that in and tick the bit that says you are going to defend it all. Send that back. You have to do that within 14 days. You can, at the same time (or if not at the same time, within 14 days) also file your Defence (and Counterclaim). You can either do your defence on the defence form which will be N9C or D or you can just type it. If you decide to type it it should be headed properly and MUST contain a statement of truth (so in that respect it may just be easier to fill in the form). Once you have sent that back, at least your case is properly defended. The case will not have hit a Judge's desk at that point it is only once you have filed the defence (and counterclaim, if any) that it will be seen by the judiciary.

At that stage the claim will then be allocated to its track. (Small claim, Fast track or multi track).

It is at this point that you can decide whether to apply for SJ (as Defendant, you can apply earlier if you like but because I am not sure of the grounds for SJ its probably safer to do it this way) and/or strike out. (The Court can strike out of own volition, but i wouldnt rely on that).

To apply for SJ you will need to fill in an Application Notice on form N244. It's difficult to say when the best time for this is, because I do not know the grounds on which you are claiming it is a hopeless case. If there is no legal basis for the claim I would do it sooner rather than later. If evidentially the Claimant is going to have a problem, i might wait until the evidence has been filed (if it is an evidential SJ, the Court is going to look at the evidence likely to be available at trial).

If you do get SJ or strike out (strike out is found in CPR 3), she cannot bring another claim based on the same facts. Although beware that if she has cocked up the claim, she might get permission to amend her claim form (albeit at her cost).

Let us know how you get on.

[Barmaid]

And yes a Defendant can apply for SJ. In the CPR (you must also read the associated practice direction) I admit it isnt terribly clear. But when they refer to "Applicant", they mean the applicant for SJ who can be the C or the D.

See if you can get your hands on a copy of the Green Book (The Civil Court Practice) or the White Book because there is far more detail in there about interpreting the rules. I'd suggest asking your library to see if they can get it in on an inter library loan. FGS dont buy one, they cost about £500.

[joko]

Thanks barmaid, thats a great help


peter - i have said a few times i am going to defend - i have not said anywhere that im not - and my question is nothing to do with whether to send a defence or not - so not sure why you have said that...?
and you have then told me to do EXACTLY what i am asking HOW to do ... again not sure why you have told me to do that, since its clear i already intend to ...