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
Hello John my name is ***** ***** I will help you with this.
Did you not apply to the Court for an extension please?
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
But it does not show you applied for an extension before it was struck out - is that right?
Is it a small claim?
Are you able to respond?
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
What type of claim is it? Small claim, fast track, multi track?
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.
Ok - you need to make an application for relief from sanctions
You need to do this on form N244
There will be a Court fee of £155 to pay and a hearing
I am just getting the leading case for you
Read more here:
And the case here:
But you need to make a formal application for relief to get it re-instated.
Can I clarify anything for you about this today please?
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 ?
Yes the Court will look at (the Judgment in Denton) the reasons for the breach of the Court order.
If the reasons are reasonable then relief will be granted.
Please read the Judgment on Denton, this tells you what approach you need to adopt.
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 ?
Did you not see the links above?
1) See above
2) Yes it does require a hearing
3) The fact you attempted to deliver
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 ?
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.
Does this help?
Thanks - Denton case is pretty overwhelming - do you consider it to be the ultimate guide up to date ?
Yes it is
It shows a 3 stage step to relief
It is the case all Judges refer to
Ok - Thanks
Can I clarify anything else?
Yes - what bit of Denton is most relevant as its quite long