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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Application to request extension of time to file Defence by

Customer Question

Application to request extension of time to file Defence by the Defendants
I am the Claimant
defendants legal rep asked for my consent the night before he was supposed to file his defence!
I stated I will seek legal advice and revert back, next day he had already filed his defence as he was obviously running late .
The defendants have finally filed their defence 2 months after issue of claim.
Obviously the hearing to decide extension of time to be allowed to file defence is no longer required. I have written to the Defendants legal rep that I am happy for this application notice to be vacated which is due to be heard in 10 days.
Defendants legal rep is claiming £1000 in their fees for filing an A4 application form as they claim I hadn't consented to the application on time!
What are my options.(Obviously I have no intention of paying £1000 for the defendants legal executive to have filled out an application form to request an extension as they hadn't done their job on time in the first place)
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi, thanks for your question, I will assist you with this.
Can you please clarify something - you say he asked for an extension but that the next day he had filed his defence. Do you mean filed his defence or an application?
When did you notify them that you would consent to the extension?
Customer: replied 2 years ago.

sorry for not being clear

he emailed me at 6pm asking for my consent for an extension of time to file defence (he needed another 4weeks).since then he has filed his defence but the notice for hearing application which is lagging behind has now come up for a hearing

he submitted an application notice next day -an order for an extension of time for filing defence .

when I wrote back to him stating that I consented to his application he stated that he had already filed an application notice(as he had deadlines to meet )

Expert:  Kasare replied 2 years ago.
Hi, so it is the Case Management Conference Hearing that is coming up?
When you go to the hearing you will be deciding on the directions required for the case. This can normally done by consent, but if the court has listed the defendant's application at the same time then you should go to explain to the court your position on the defendant's application, particularly your objections to their costs.
The costs they are seeking for this application are clearly high and unreasonable. You don't say how long it was before you wrote back to him - and if this was by email or not which would have made it quicker - confirming your consent. If this was the next day or shortly thereafter then I would object entirely to their costs.
I would write an open letter to the Defendant advising them that as a litigant in person, upon receiving their request for an extension of time for service of the defence - outside of business hours i.e. at 6pm - it was perfectly reasonable for you to take advice as to whether to agree or not and that it is wholly unreasonable that they should seek their wasted costs of this application from you when they knew the date the defence was due and could and should have sought an extension earlier than they did, i.e. effectively on the date the defence was due. I would therefore invite them to withdraw their application with no order as to costs and try and agree directions prior to the hearing to save further unnecessary costs.
If they do not agree to this, then obviously attend the hearing with your records and correspondence. Their application is not required now, but they may try and persuade the judge for their costs. You should argue for no order as to costs on their application based on their delayed actions. If the judge is not persuaded then the next best order is costs in the case.
I hope this helps. If you have any further questions on this matter please ask
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

excellent thank you this explains everything I needed to know

Customer: replied 2 years ago.

thank you for you're advice. I attended the hearing and successfully argued no order as to costs(defendant was represented by a legal representative)

Expert:  Kasare replied 2 years ago.
Congratulations!
It must have given you some confidence in continuing this case to know that simply because they are legally represented they do not get what they demand!
I am always delighted to hear positive results.
Good luck with the case and if you need anything else, please dont hesitate to ask.
Kas

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