Often individuals will commence court action without the use of legal representatives. Whilst this is common place, especially in small claims matters, due to potential costs involved and the ability to recover same, it is always advised that people seek legal advice when preparing court forms.
It is possible that if you do not engage legal representatives to prepare your claim, you may be at risk of an application to “strike out” your claim for various reasons – wrong parties names, wrong address put on court forms, not adequately putting your case forward. We recently assisted an individual who found himself on the end of such an application.
Successful Defence Against a Strike Out Application
Considering the breaches alleged by the other side, we managed to put forward a statement in evidence (as well as arranging representation) to fight the “strike out” application. We managed to save our client’s claim and the judge ordered that it would not be proportionate to strike out the claim. In addition, we managed to significantly reduce the excessive costs claimed by the other side for bringing such an application.
Need Help with a Civil Litigation Matter?
If you have commenced a claim and find such an application landing on your doorstep, please contact our civil litigation department for a consultation to determine if we can assist.
