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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I Had unless order against me to send my of documents

Customer Question

I Had unless order against me to send my bundle of documents to the court and the claimant by a certain date On the way to the court with a large bundle of 500 docs I passed by the claimants house to deliver their bundle and expected the husband to be in - but no one was present to receive and it was too large to put through a letter box so I went on to the court and delivered the bundle. I retain a small firm of accountants on a monthly basis to carry out general duties and the lady concerned accompanied me to the court and gave her the Claimants bundle to deliver to them when she left her office that afternoon @ 3pm. It turned out that she could not deliver to the address for 1.5 days because of no one was there to recieve it when she called - but then it was delivered by leaving it on the doorstep and photographing it as a record and eventually getting through to them on the telephone to tell them that. The Court (on its own) made a judgement order dismissing the defence and counterclaim which they sent to me about 5 weeks after the date of that judgement and despite t he fact that I had written to them immediately advising them of the difficulties of delivery - (to which I had had no response - even until now). Q - I applied for the decision to be set aside and an extension of the 7 days to be allowed for time to obtain proffesional representation and on the basis that I had delivered the bundle to the court in time and had delivered the bundle to the claimants address on the day - but not finding them in I then had to leave it in the hands of another (trusted party who I had known for several years and who was a proffessional person to deliver on her way home that afternoon and finding no one in resulted in it being late.) A date for trial had been set for November 10th. and I cannot imagine there could be any reason for not allowing that to proceed other than a technicality. Despite several requests for the written judgement relating to the terms of the order The court would not give me a copy even when I called round and the order arrived 6 weeks after the judgement! How can the court justify upholding such an order to pass judgement in the face of the slight hiccup in the delivery to the claimant (not the court) - I took it that since the order said "send" and in view of the instruction to a trusted company to deliver it asap by hand on the day that it was an accident of fate that there was no one there to recieve it as the husband was understood to work from home. I did not have a clear exact knowledge of the terms of the order till 6 weeks after it was to have been complied with despite several requests and even then consider from my layman's knowledge that I did "send" the bundle to the claimant as ordered and within time What do you reccommend ? John XXX XXX XXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello John my name is ***** ***** I will help you with this.

Alex Watts :

Did you not apply to the Court for an extension please?

Customer:

I did apply and that is still current - unfortunately a chq I paid £155 was returned as I had jst changed banks but this morning i paid by ccard so presumably they will process my request - as you will see they are miles late with their processing generally

Alex Watts :

But it does not show you applied for an extension before it was struck out - is that right?

Alex Watts :

Is it a small claim?

Alex Watts :

Are you able to respond?

Customer:

I wasn't aware that I needed an extension of time since I considered tha\t the bundle had been sent to the Court in time and sent to the Claimant in time

Alex Watts :

What type of claim is it? Small claim, fast track, multi track?

Customer:

The reason that I thought this was that the documents had been given to a trusted business to deliver to the Claiimant on the afternoon of the appointed date at about 2 pm to deliver to the Claimant on her way home and the address only 1/2 a mile away but she could not deliver as the letter box was far too small for the bundle and no one answered, and so not realising the deadline nature of the matter she thought that she would deliver on her way to the office the next day because she had her children to see to.

Customer:

Small Claim

Alex Watts :

Ok - you need to make an application for relief from sanctions

Alex Watts :

You need to do this on form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There will be a Court fee of £155 to pay and a hearing

Alex Watts :

I am just getting the leading case for you

Alex Watts :

Read more here:

Alex Watts :

http://www.lambchambers.co.uk/news-learning/articles/relief-sanctions-denton-v-th-white-ltd-2014-ewca-civ-906

Alex Watts :

And the case here:

Alex Watts :

http://www.bailii.org/ew/cases/EWCA/Civ/2014/906.html

Alex Watts :

But you need to make a formal application for relief to get it re-instated.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok - what is that and what are the acceptable reasons for making the application from the courts point of view i.e. is it the fact that even after making 3 requests both in person and in writing to obtain the order made to see the exact terms I did not get the actual order until about 5 weeks after the judgement dismissing the defence and counterclaim - oor is it because the counterclaim had never been dealt with -- or is it because reasonable steps were taken to deliver it - or what ?

Alex Watts :

Yes the Court will look at (the Judgment in Denton) the reasons for the breach of the Court order.

Alex Watts :

If the reasons are reasonable then relief will be granted.

Alex Watts :

Please read the Judgment on Denton, this tells you what approach you need to adopt.

Customer:

first how can i get the Denton details - Internet ? second does it require a hearing ? third what in your view are the most viable reasons ?

Alex Watts :

Did you not see the links above?

Alex Watts :


http://www.bailii.org/ew/cases/EWCA/Civ/2014/906.html


Alex Watts :

http://www.lambchambers.co.uk/news-learning/articles/relief-sanctions-denton-v-th-white-ltd-2014-ewca-civ-906

Alex Watts :

1) See above

Alex Watts :

2) Yes it does require a hearing

Alex Watts :

3) The fact you attempted to deliver

Customer:

first Do you think it would be necessary for me to have a lawyer take this case to the court ? or second do you think (from what you know now) that I would be successful ?

Alex Watts :

You can take a lawyer but you wont recover those costs. I think you have a decent chance of being successful based on what you have said.

Alex Watts :

Does this help?

Customer:

Thanks - Denton case is pretty overwhelming - do you consider it to be the ultimate guide up to date ?

Alex Watts :

Yes it is

Alex Watts :

It shows a 3 stage step to relief

Alex Watts :

It is the case all Judges refer to

Customer:

Ok - Thanks

Alex Watts :

Can I clarify anything else?

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes - what bit of Denton is most relevant as its quite long

Expert:  Ash replied 2 years ago.
The three stage test.

Alex

Expert:  Ash replied 2 years ago.
Read from para 24 onwards.