Apply to the court where the claim was started for the claim to be struck out and/or for a summary judgment.
If the claim discloses no reasonable grounds for bringing it - or the claim form and particulars are so badly drafted that no legally recognisable claim is disclosed - ask to have it struck out. If, however, there is a reasonable basis for the claim, but there is no real prospect of the claimant succeeding and no other compelling reason why the case should go to trial - go for a summary judgment instead.
You can apply for a summary judgment as soon as the claim comes in, so you do not have to spend time and money on drafting an unnecessary defence. You must set out in your application:
- why the claim has no prospects of success, and
- why there is no other reason for the case to proceed to trial.
A judge will consider these arguments, and you may have to attend a short court hearing.
You can ask the court to order that the other side should pay your reasonable legal costs, if you succeed in an application to have a claim struck out or for a summary judgement.
