WE have not see the Particulars of Claim (PoC). However, I do know that any claim issued by Gladstones is never compliant with CPR 16/4(1)(a). However, it has reached the hearing stage and the claimant has paid the trial fee and submitted a WS.
You can still try and argue that it should be struck out as a preliminary matter for this failure. The Chan and
Akande cases are only persuasive, not binding. The judge does not have to follow suit just because you have referred to them.
The PoC should be sufficient to describe the claim to you. Assume you know nothing about this and the first you know about it is the N1SDT Claim Form arriving. Looking at the PoC, would you be able to know what you are being sued for? Of course you can't because there is no cause of action shown in the PoC (I know this without even having seen them).
Your defence should have emphasised that point but you have simply used the over long and never read MSE defence. All that defence does is p!ss off the judge and they will not read it.
Right now, you do not even know whether the court will accept your late WS. I told you the main points to concentrate on. You may be given an opportunity to speak. If you are, then keep it simple. De minimis.
