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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I am a litigant in person in a personally injury claim. Last

Customer Question

I am a litigant in person in a personally injury claim. Last month a judge made an order in my absence that I had to file Medical Evidence by the 8th of August or be debarred from persuing the injury claim. Apparently the judge had meant the order to be the 7th of July and the opposing solicitor asked the judge to amend the order under the slip rule without my knowledge. The order has been amended under the slip rule but by the time it was typed out and sent it meant that i am already debarred from persuing my claim. The judge has now advised me to make an application for more time. Is this the correct way to proceed or should I appeal his order and is their any case law that would have prevented him effectively prejudicing my case in this way. If there is how much you require and how quick can you advise me?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Law Denning :


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Law Denning :

Can you explain your situation a little more please?

Customer : I am a litigant in person and have been late filing my medical evidence, a District Judge made an order on the 3rd of June that I had to file my Medical Evidence in order to peruse the claim for personal injury. I was not at the hearing but apparently his order was for the 8th of July. I have seen a medical consultant in order to provide a medical report by the 8th of August however the other sides solicitor applied to the judge to change his order under the 'slip rule'. By the time the order was typed up and sent to me it was dated the 5th of July I received it on Saturday the 6th of July and the order required me to comply by that Monday 8th July which was impossible. I have written back to the judge and asked him to amend it back under his slip rule but he has directed me to make an application for more time, I am making the application for more time and have noted that the slip rule is not supposed to cause prejudice and is supposed to made within 2 days of the error being made. However because the other side will be opposing it, it would be helpful if I could have some case law to support my application. Thank you.
Expert:  Stuart J replied 3 years ago.





As you were not in court for some reason there is no way that you would have known that the date was not 8 August. Yes, this can be amended under the slip rule.

 

Remember, courts don’t like litigants not turning up at hearings


you should have been advised by the solicitor that the solicitor was asking for
it to be amended. There is no reason to be honest for the solicitor big to be
so pedantic.

The
correct way (quicker and cheaper) is to make an application to extend the time
on the basis that you were under the impression the court had ordered the
evidence to be in by 8 August as per the court order and that the defendant
solicitor did not advise you they were applying to have the order amended under
the slip rule.



Remember,
it is never a good idea to send in evidence on the deadline.



Does
that answer the question? Can I help further? Can I answer any specific points?



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Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola
Customer: replied 3 years ago.
I was looking for case law to support my argument, unfortunately your member has only confirmed my argument so on this occasion I haven't been provided with the service requested. What happens about payment in these circumstances?
Customer: replied 3 years ago.
I need case law reference within the next 12 hours otherwise the reply will be too late to be of any assistance.
Expert:  Nicola-mod replied 3 years ago.
Hello,

If you are not satisfied with your answer, you may request a refund of your deposit.

Thank you,
Nicola

Expert:  Stuart J replied 3 years ago.
I am afraid that researching extensive caselaw for every question on the site is beyond the scope of the site unless the case is a common one we know off the top of our heads.
The research facility alone costs £10,000 per year and takes a considerable length of time, which is why barristers and solicitors charge £200-£300 per hour for such research. The curcumstances are so unusual that it isnt something that anyone would know off the top of their head.
However there is no need to quote caselaw, as the court has poer to admit evidence served late under the CPR 32.1(2)

Sorry to nag, but please don't forget to positively rate my answer service. I will follow up any further points you raise for free. If you don't rate it positively, then the site keep your deposit and I get 0 for my time.
It is imperative that you give my answer a positive rating.
Some users don't bother, or simply forget which means that I spend my time for nothing.


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