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Old 16-11-2007, 11:55 AM
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Default "Case struck out" does the court have to tell the defendant in writing ?

where a case is "Case struck out" does the court have to tell the defendant in writing ?

when one rings the court to find out what has happened in a case ( where you are the defendant) and is told the magic words ... above ....

is it the courts duty to write to you informing you so

...... it appears not ......
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Old 16-11-2007, 12:09 PM
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I would concurr on that, but then don't you hold a duty to the court to be on top of all of these matters anyway and to be aware of all developments?
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Old 16-11-2007, 10:53 PM
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Most times in cases that are struck out, the court can take up 21 days to notify the parties and that means both parties, courts don't rush these notifications as the case is halted full stop. and will not proceed any further.

sparkie
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Old 17-11-2007, 12:13 AM
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The court will (or should) send out a notice of judgment to both parties. This applies whether it's a formal judgement, strike out, adjournment or whatever.

A strike out is only another form of court instruction.

As Sparkie says though, a notice can take up to 3 weeks to be sent out.
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Old 17-11-2007, 12:16 AM
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Quote:
Originally Posted by sparkie1723 View Post
Most times in cases that are struck out, the court can take up 21 days to notify the parties and that means both parties, courts don't rush these notifications as the case is halted full stop. and will not proceed any further.

sparkie
apart from the defendant ringing the court several months ago and being told verbally about the "strike out" there has been no written notification.
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Old 17-11-2007, 12:21 AM
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Quote:
Originally Posted by FANTASY CHARGES View Post
apart from the defendant ringing the court several months ago and being told verbally about the "strike out" there has been no written notification.
It's possible that it has been caught in the recent postal disputes.
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Old 17-11-2007, 01:38 AM
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I'd write to the court manager, and respectfully request a copy of judgement or order to strike out for case no xxxxx of xx/xx/xx.
State that you have at no time received formal confirmation of this, save your telephone conversation with ??? advising this was the case.
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Old 17-11-2007, 12:00 PM
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Could cause some unnecessary costs if someone was using a solicitor or other service.
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Old 17-11-2007, 02:59 PM
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I would ask for a copy of the Order.

I was notified by the Court that my case (I am the plantiff) had been binned because neither me nor defendant had attended the hearing.

I have just completed a hearing and successfully applied for the case to be re-instated on the grounds that the notification for the case hearing must have beein lost in the postal dispute.

So... suggest you ask for copies of the Order - it will also gives you the judges reasons.

Z
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Old 27-11-2007, 10:21 AM
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apologies for giving a bit of "dud" information earlier have looked at the"clients" file and

the local county court (not the northampton one!) in August 2007 made a "general form of judgement or order "


it was ordered that unless the claimants file their allocation questionaire & 100 fee by xxxxx the claim will be struck out.

earlier the defendant made a request under part 18 of the civil defence procedure rules to the claimant and got no response
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