Q&As

What form would you use to apply for judgment when the defendant's defence has been struck out as a result of their failure to file a directions questionnaire in the County Court Business Centre?

read titleRead full title
Published on LexisPSL on 09/01/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What form would you use to apply for judgment when the defendant's defence has been struck out as a result of their failure to file a directions questionnaire in the County Court Business Centre?
  • Strike out
  • Applying for judgment
  • Post application

What form would you use to apply for judgment when the defendant's defence has been struck out as a result of their failure to file a directions questionnaire in the County Court Business Centre?

Strike out

The court has the power to strike out a statement of case, in whole or in part, under CPR 3.4. This may be either on the application of one of the parties to the proceedings or on its own initiative. One of the grounds for striking out is a failure to comply with a rule, practice direction or order (CPR 3.4(2)(c)).

For further information, see commentary in Judgment without trial after striking out: Halsbury's Laws of England [532].

CPR 26.3(7A) deals with the consequences of failing to comply with the court's notice of proposed allocation. This could be, among other things, a failure to file a completed directions questionnaire by the date stated on the notice of proposed allocation. Continued failure may result in the defaulting party's statement of case being struck out without further order of the court (CPR 26.3(7A)).

For further information, see Practice Note: County Court money claims—early stages progress up to allocation, in particular the section ‘County Court money claims—early stages progress up to allocation—Failure to comply with notice

Related documents:

Popular documents