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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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I am Claimant in a building dispute, Defendants(builders) legal

Customer Question

I am Claimant in a building dispute, Defendants(builders) legal representative has asked consent to allow another 4 weeks to file their defence and counterclaim. He claims this is due to pre action protocol not being followed which is false.
Do I need to consent to this extension-he has had 4 weeks to file a defence but hasnt managed to do so. (Defendant is represented by a legal executive who now wishes to use the services of a counsel to draft a defence and counterclaim).
another 4weeks seems excessive, can I agree to an extension of 1week which should be more than adequate as I dont see any grounds total of 8 weeks to file a defence
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
Whilst it's not uncommon defendant to ask four week continuation to allow more time to file a defence, you are permitted to object to this if you feel they have had enought time already. The court would take into account your opposition and would assess the time already allowed, the complexity or otherwise of the case, the fact that counsel is being instructed.
On balance in a building dispute where there is a counterclaim the court is more likely than not to grant an application extension.
So you don't need to consent, no, but it may be grantd nonetheless.
I hope this helps.
Please leave a positive response so that I am credited time.
JGM and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you.i have been informed That if I do not consent to this extension,the defendants will make an application to the court without my consent and I will be liable costs.if they haven't filed their defence on time and need an extension they should be paying the costs?will court inform me if the defendant makes this application.
Expert:  JGM replied 2 years ago.
That is why litigation is such a gamble. If you agree the continuation the issue of costs won't arise. If you oppose the application (the court would inform you and give you the opportunity to do so) then whoever is successful will be awarded the costs of the application.
Customer: replied 2 years ago.

excellent thank you

Customer: replied 2 years ago.

The date of filing defence has now passed. I haven't had a defence or counterclaim, Can I apply to the court to issue a judgement in my favour.What forms do I use.

Expert:  JGM replied 2 years ago.
You can apply default judgement using Form N225.