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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We received a favourable judgment from MCOL regarding a claim

Resolved Question:

We received a favourable judgment from MCOL regarding a claim on our builder. He did nit oberse the statutory response time.
The builder has now applied for the case to be set aside.
The claim value is 60000.
Two questions:
1- what should i expect in process steps now
2- how long will this typically take
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know date of Judgement and date of application to set aside?

Alex Watts :

Has he also provided a draft defence?

Customer:

The date of judgement was Nov 4 and the application was made nov14

Customer:

I don't know whether he submitted a defence. . I dont see that in the case overview online

Alex Watts :

The matter will be transferred to his local court and the application will be heard to set aside.

Alex Watts :

What he has to show is that he has some defence, not whether it is a good defence, but whether any real defence exists.

Alex Watts :

If the answer is yes it will be set aside and set down for trial.

Alex Watts :

The Builder appears to have acted promptly which is the second part of the test

Alex Watts :

But it will be set down for trial if his application succeeds.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What timelines can we expect for the hearing regarding the application to set aside?

Alex Watts :

The notice will be about a month before it gets to you and then the hearing a month after

Alex Watts :

Does that help?

Customer:

and if a trial - then how long typically after the hearing?

Alex Watts :

4 months

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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