DR WS6:7 - Example Application Notice (N244) PDF

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Summary

Dispute Resolution - First class, Distinction...

Description

Name of court Claim no. HIGH COURT OF JUSTICE HQ16 6745 QUEEN’S BENCH DIVISION Fee Account no. Help with Fees – Ref no.

N244

Application notice

(if applicable)

(if applicable) HW F -

FAL20349303 Warrant no.

For help in completing this form please read the notes for guidance form N244 Notes.

-

(if applicable)

Claimant’s name (including ref.) Mr Oscar Azevado Ref: AJF/SJR/1080.01 Defendant’s name (including ref.) Hamblings Securities Limited Ref: 5687.0010/FL/AT 13/03/xx19

Date

1. What is your name or, if you are a legal representative, the name of your firm? ULaws LLP (Ref: 5687.0010/FL/AT) 2. Are you a

Claimant

Defendant

X Legal representative

Other (please specify) If you are a legal representative whom do you represent?

The Defendant

3. What order are you asking the court to make and why? An order for a 28-day extension of time for the filing and service of the defence until 16:30 on 4th May xx19 because the defendant is not yet in a position to finalise, file and serve its defence.

4. Have you attached a draft of the order you are applying for?

X Yes

5. How do you want to have this application dealt with?

No

at a hearing

without a hearing

X at a telephone hearing 6. How long do you think the hearing will last?

Hours

Is this time estimate agreed by all parties?

Yes

20 X No

7. Give details of any fixed trial date or period

N/A

8. What level of Judge does your hearing need?

Master

9. Who should be served with this application?

The Claimant’s Solicitors

9a. Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

1

Minutes

10.

What information will you be relying on, in support of your application? the attached witness statement the statement of case X the evidence set out in the box below

If necessary, please continue on a separate sheet. The Defendant was served with the Particulars of Claim on 9th March xx19. Prior to this, the Defendant had not received any contact from the Claimant. The Claimant failed to send a letter of claim prior to issuing proceedings, and is accordingly in breach of para 6(a) of the Practice Direction, Pre-Action Protocol. This prevented the Defendant from being able to respond to the Claimant‘s allegations prior to the issuing of proceedings. Mr David Jowell, an employee of the Defendant who managed the Claimant’s investment portfolio, is currently overseas. Mr Jowell is a key witness and in his absence the Defendant is not in a position to provide a meaningful response to the Claimant’s allegations. We have asked the claimant to consent to a further 28-day extension of time for service of the Defence however this has been refused. The defendant requires the further 28 days in which to finalise and serve the defence because this is a complex high-value matter involving serious allegations against some of the defendants' personnel, and we have not yet been able to speak with all of the relevant witnesses. Extending time now is likely to save the time and cost of having to amend the defence at a later stage.

Statement of Truth The applicant believes that the facts stated in this section (and any continuation sheets) are true. 13 March xx19 Signature Signed __________________________________ Dated ___________________________________ Applicant‘s legal representative

Fiona Llandis Full name _________________________________________________________________________ ULaws LLP Name of applicant’s legal representative’s firm _____________________________________ Solicitor Position or office held ________________________________________________________________ (if signing on behalf of firm or company)

11. Signature and address details Signature Signed ___________________________________

13 March xx19 Dated _________________________________

Applicant’s legal representative

Solicitor Position or office held _______________________________________________________________________ (if signing on behalf of firm or company)

Applicant’s address to which documents about this application should be sent ULaws LLP 6 Cheapway London

Postcode

If applicable

E 6

E-mail address

3 U T

[email protected]

2

Phone no.

0207 895 6375

Fax no.

0207 895 6374

DX no.

79534 Cheapway

Ref no.

5687.0010/FL/AT...